香港地区反歧视的制度独具特色。由于有依法设立的平等机会委员会专责就业歧视的投诉、调查和处理,使得绝大部分歧视在尚未进入司法程序前,就在平等机会委员会的介入下得到和解。虽然司法是受屈者权利救济的最后一道防线,但在香港,受屈者选择诉讼途径来救济自己权利的比率却很低。香港是实行普通法的地区,有相对成熟的判例制度传统。这些判例中所阐发的法律原则或规则,内容十分丰富。透过判决书分析这些案例,会加深我们对反歧视法律的理解,也会对我们准确区分歧视与否,具有十分重要的启发意义。 The system of anti-discrimination in Hong Kong is unique. Due to the fact that the Equal Opportunities Commission established by law is responsible for the complaints, investigations and handling of employment discrimination, most discrimination has been settled by the intervention of the Equal Opportunities Commission even before the judicial proceedings are completed. Although the judiciary is the last line of defense in relieving the rights of the aggrieved, in Hong Kong, the rate at which the aggrieved person chooses to litigate to remedy his or her rights is very low. Hong Kong is a common law-enforcing district with a relatively mature tradition of case law. The legal principles or rules set forth in these jurisdictions are very rich. Analyzing these cases through judgments will deepen our understanding of anti-discrimination laws and it will also be of great significance to us to make an accurate distinction between discrimination and non-discrimination.