Racial Discrimination

The trial of the Hong Kong Rugby Union (HKRU) and it’s Chairman Pieter Schats on Criminal Defamation reached the plea stage at Eastern Magistrates Court on 22 April, 2016 with the charges in the private prosecution read out to the defendants:

The charges read out were:

Information has been laid THAT YOU, Hong Kong Rugby Union a limited company registered in Hong Kong did on the 25 September, 2015 in Hong Kong deliberately and maliciously published, in the form of the article annexed here, defamatory libel knowing it to be false and factually inaccurate in breach of Section 5 of the Defamation Ordinance, Cap 21 of the Laws of Hong Kong.

The article in the form of a letter written by the Chairman of the Hong Kong Rugby Union on the letterhead of the HK Rugby Union (HKRU) was published to “All of our friends at World and Asia Rugby, Hong Kong Rugby Union Past Chairmen and Vice Presidents, Board of Directors, Hong Kong Rugby Club Chairmen and the Hong Kong Rugby and Sporting Community. It was also published on the HKRU’s website www.hkrugby.com under the title “Note from HKRU Chairman Pieter Schats.”

On or before the 23 September, 2015 the Hong Kong Rugby Union (HKRU) – the organisation responsible for the running and management of the sport of Rugby Union in Hong Kong – did approve and implement a new rule imposing ethnic Chinese player quotas on teams playing rugby in Hong Kong.

The HKRU on the 23 September, 2015 published on it’s website and caused to be published in the SCMP a news release entitled “Significant changes made to Hong Kong Rugby Union Domestic League structure”. Part of the text of that news release was: The modified Championship Club structure sees that league now highly focused on serving as an entry point and breeding ground for Chinese players, with all teams required to include a minimum of 14 ethnic Chinese players in each match day squad.”

Simon Durrant, the editor and publisher of bc magazine for 21 years wrote an article about the introduction of active racial discrimination, via ethnic quotas, into HK Rugby. According to Chapter 602 The Racial Discrimination Ordinance this is illegal in Hong Kong. The article entitled Active Racial Discrimination in HK Men’s Rugby was published on www.bcmagazine.net on the 24 September, 2015.

The HKRU letter dated 25 September, 2015 in full and specifically but not limited to paragraphs 3,4,5 is defamatory, disparaging and factually untrue. It besmirches and stains the integrity and reputation of Simon Durrant as a journalist and the factual accuracy of his article and in doing so the reputation and integrity of bc magazine – where Simon Durrant often recognised in public as ‘Mr bc’ has been the Owner, Publisher and Editor of bc magazine for over 21 years. Contrary to Section 5 of the Defamation Ordinance, Chapter 21

The HKRU representative Mr Schats pleaded not guilty

Information has been laid THAT YOU, Pieter Lodewijk Schats as Chairman of the Hong Kong Rugby Union on the 25 September, 2015 in Hong Kong deliberately and maliciously published, in the form of the article annexed here, defamatory libel knowing it to be false and factually inaccurate in breach of Section 5 of the Defamation Ordinance, Cap 21 of the Laws of Hong Kong.

The article is in the form of a letter written by Pieter Schats, Chairman of the Hong Kong Rugby Union on the letterhead of the HK Rugby Union was published to “All of our friends at World and Asia Rugby, Hong Kong Rugby Union Past Chairmen and Vice Presidents, Board of Directors, Hong Kong Rugby Club Chairmen and the Hong Kong Rugby and Sporting Community. It was also published on the HKRU’s website www.hkrugby.com under the title “Note from HKRU Chairman Pieter Schats.”

Pieter Schats letter dated 25 September, 2015 in full and specifically but not limited to paragraphs 3,4,5 is defamatory, disparaging and factually untrue. It besmirches and stains the integrity and reputation of Simon Durrant as a journalist and the factual accuracy of his article and in doing so the reputation and integrity of bc magazine – where Simon Durrant often recognised in public as ‘Mr bc’ has been the Owner, Publisher and Editor of bc magazine for over 21 years. Contrary to Section 5 of the Defamation Ordinance, Chapter 21

Mr Pieter Lodewijk Schats pleaded not guilty.

SCMP article Hong Kong rugby to revamp domestic leagues in effort to strengthen national team - with ethnic quota rule intordution highlighted — SCMP article “Hong Kong rugby to revamp domestic leagues in effort to strengthen national team” with ethnic quota rule introduction highlighted.

The cases centre around the Hong Kong Rugby Union’s introduction of Ethnic Quotas to local rugby in September 2015 – as announced by the HKRU in a 23 September news release on their website and also published in the SCMP (linked here) on the 22 and 23 September.

The HKRU website version (linked here) was quickly amended after Simon Durrant’s article (linked here) that ethnic quotas and racial discrimination are illegal in Hong Kong was published on the 24 September.

A day later on the 25 September Mr Schats published a note to the global rugby community (linked here) which according to Mr Durrant is defamatory and factually inaccurate.

Both cases were adjourned for three weeks.

In 2015 it’s disgusting that the Hong Kong Rugby Union (HKRU) have announced active racial discrimination! For many years millions of people have fought and struggled to be accepted for who they are regardless of skin colour. That in Hong Kong a multi-cultural melting pot where ability, regardless of race, has always been recognised should find one of it’s leading sporting organisations actively racially discriminating against non-ethnically Chinese rugby players is disgusting and illegal.

The recent press release from the HKRU (read the now edited entry here) states that “The modified Championship Club structure sees that league now highly focused on serving as an entry point and breeding ground for Chinese players, with all teams required to include a minimum of 14 ethnic Chinese players in each match day squad.”

UPDATE: The HKRU has deleted the above sentence from their website, and made no reference to the edit – the original can be read here, relevant sentence is at the bottom of page 1

How far stuck up their arse’s are heads of the white leaders of the Hong Kong Rugby Union? Did they not hear the furour when earlier this year the Chinese Football Association published racially insulting posters about HK’s Football Team. Did they not see HongKongers reaction to it both on social media – mass condemnation – and in real life, the booing of the Chinese National Anthem and tickets selling out so fans of all races and colours could show their support for the HK team.

How insulting is it to the HK eligible players that they’ll face selection discrimination because of their race – even though they might have been born in HK, be eligible and good enough to represent the HK National team – yet find their way blocked because they are not ethnically Chinese.

I can fully understand the desire to improve the national team, but rather than make divisions made on race, why not instead of “a minimum of 14 ethnic Chinese players in each match day squad” it’s a “a minimum of 14 HK eligible players in each match day squad”.

The Basic Law of Hong Kong specifically bans racial/ethnic discrimination. Chapter 602 The Racial Discrimination Ordinance long title starts “An Ordinance to render discrimination, harassment and vilification, on the ground of race, unlawful; … the function of eliminating such discrimination, harassment and vilification and promoting equality and harmony between people of different races…”

The ordinance further goes on to define Racial Discrimination as

1: In any circumstances relevant for the purposes of any provision of this Ordinance, a person (“the discriminator”) discriminates against another person if
(a) on the ground of the race of that other person, the discriminator treats that other person less favourably than the discriminator treats or would treat other persons; or…..

3. It is declared that, for the purposes of this Ordinance, segregating a person from other persons on the ground of the race of that person is treating that person less favourably than the other persons are treated.

Even before any match day squads are selected, the press release and decisions made by the HKRU amount to Racial Harassment under Section 7 of the ordinance.

Even China has accepted that racial discrimination is illegal, the PRC’s naturalization policy and eligibility requirements have been changed from ‘ethnically Chinese’ to this: http://www.immd.gov.hk/eng/services/chinese_nationality/Application_for_Naturalization_as_a_Chinese_National.html

The HK Sporting Institute makes no discrimination on the race of the Rugby Union players it gives professional contracts to!

How many of these men will be denied the chance to represent Hong Kong because they are not 'ethnically Chinese" — How many of these men will be denied the chance to represent Hong Kong because they are not ‘ethnically Chinese”

A rugby 15’s match day squad is usually 23 players, to demand that 14 are ethnically Chinese is over 50%.

Here is the squad list Hong Kong v Japan, 2 May 2015:
1 WEI Hon Sum Leon; 2 Alex HARRIS; 3 Jack PARFITT; 4 Adam BUTTERFIELD; 5 Paul DWYER; 6 Matthew LAMMING; 7 Toby FENN; 8 Nicholas HEWSON; 9 LEE Ka To Cado; 10 Ben RIMENE; 11 Charlie HIGSON-SMITH; 12 Max WOODWARD; 13 Jamie HOOD; 14 Tom MCQUEEN; 15 Alex MCQUEEN; 16 John AIKMAN; 17 Lachlan CHUBB; 18 Jack NIELSEN; 19 Alex BADDELEY; 20 Damian BAILEY; 21 Adam ROLSTON; 22 Jonny REES; 23 Niall ROWARK; 24 Jack DELAFORCE (2 ethnically Chinese players)

Here is the Hong Kong squad for the recent Qingdao 7s:
Max WOODWARD (captain); Nick HEWSON; Jamie HOOD; Rowan VARTY; YIU Kam Shing; Benjamin RIMENE; Alex MCQUEEN; Cado LEE Ka To; Christopher MAIZE; Tomasi LAWA; Calvin HUNTER; Michael COVERDALE. (2 ethnically Chinese players).

Which of these non-ethnically Chinese players who are selected as good enough to represent their country will be dropped to satisfy the racial quota demands of the HKRU?

RACIAL DISCRIMINSTION IS DISGUSTING AND ILLEGAL!

Change the squad requirements to “14 players eligible to represent Hong Kong”

bc magazine has asked the HKRU, World Rugby, Asia Rugby and HSBC, the national team sponsor, for comment on this active racial discrimination.

Tag: Racial Discrimination

Hong Kong Rugby Union and Pieter Schats Plead Not Guilty

Active Racial Discrimination in HK Men’s Rugby