國際人權體系與在地人權保障：檢視香港種族歧視條例的立法過程

International Regimes and the Enforcement of Human Rights: The Legislative Process of the Racial Discrimination Ordinance in Hong Kong

為確保對個人人格尊嚴的了解與尊重，同時藉由消除種族壁壘，建立起一個沒有種族歧視的國際社會，聯合國先於 1963 年發表了《消除一切形式種族歧視宣言》，並於 1965 年正式通過《消除一切形式種族歧視國際公約》。

The passage of the International Convention on the Elimination of All Forms of Racial Discrimination in 1965 did not help Hong Kong to protect its citizens from discrimination at all, although Hong Kong has been a member of the convention since 1969. The H.K government had done nothing to deal with its racial discrimination problem for decades, either under Britain’s rule or China’s rule. However, some 40 years later in 2006, the H.K. government submitted a bill proposal to the Legislative Council which aimed to eliminate racial discrimination. This caused us to inquire why the H.K. government changed its mind to deal with the problem of racial discrimination. In this paper, we attempt to figure out the explanation by interviewing H.K. legislators, government officials and staff from NGOs, and analyzing discussions and debates during the legislative process.