Book contents
- Multi-tier Approaches to the Resolution of International Disputes
- Multi-tier Approaches to the Resolution of International Disputes
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Acknowledgements
- Table of Cases
- Table of STATUTES AND INSTRUMENTS
- Table of Rules, Codes and Guidelines
- Abbreviations
- Part I A Global Overview of Multi-tier Dispute Resolution: Main Themes
- Part II Multi-tier Dispute Resolution in Asia
- A General Trends
- B Specific Cases
- 9 HKIAC’s Experience of the Use of Multi-tier Dispute Resolution Clauses
- 10 The Use of Conciliation and Litigation by the Hong Kong Equal Opportunities Commission (EOC)
- Part III Multi-tier Dispute Resolution in the Wider World
- Part IV Conclusion
- Bibliography
- Index
10 - The Use of Conciliation and Litigation by the Hong Kong Equal Opportunities Commission (EOC)
from B - Specific Cases
Published online by Cambridge University Press: 09 December 2021
- Multi-tier Approaches to the Resolution of International Disputes
- Multi-tier Approaches to the Resolution of International Disputes
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Acknowledgements
- Table of Cases
- Table of STATUTES AND INSTRUMENTS
- Table of Rules, Codes and Guidelines
- Abbreviations
- Part I A Global Overview of Multi-tier Dispute Resolution: Main Themes
- Part II Multi-tier Dispute Resolution in Asia
- A General Trends
- B Specific Cases
- 9 HKIAC’s Experience of the Use of Multi-tier Dispute Resolution Clauses
- 10 The Use of Conciliation and Litigation by the Hong Kong Equal Opportunities Commission (EOC)
- Part III Multi-tier Dispute Resolution in the Wider World
- Part IV Conclusion
- Bibliography
- Index
Summary
The Equal Opportunities Commission (EOC), established in 1996, investigates and seeks to resolve disputes arising in connection with Hong Kong’s anti-discrimination ordinances. Its complaint-handling process involves recourse to conciliation, investigation and litigation. The EOC thus provides a hybrid multi-tier dispute resolution service. If conciliation fails, the EOC may investigate and eventually assist a person to pursue in court a complaint which is thought to merit further action. This chapter asks how the EOC can maintain neutrality and confidentiality when discharging its respective functions of conciliator, investigator and litigator in the same matter, without becoming entangled in actual or potential conflicts of interest. It examins how similar institutions in the United States, the United Kingdom and elsewhere have sought (or not) to resolve the tension in their roles when handling discrimination complaints. It then discusses recommendations and their underlying rationale for reconciling the EOC’s seemingly conflicting roles, in order to effectively resolve discrimination complaints and bridge the long-standing gap in public perception.
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- Multi-Tier Approaches to the Resolution of International DisputesA Global and Comparative Study, pp. 232 - 268Publisher: Cambridge University PressPrint publication year: 2021