The ban on gay teachers at the International Christian School appears to be in blatant breach of government guidelines against employment discrimination.

The 2009 Code of Practice against Discrimination in Employment on the Ground of Sexual Orientation says that denying people employment on the basis of their sexual orientation is "morally wrong and irrational".

"All human beings are born equal and have the inherent right to equal opportunities in every aspect of their lives, irrespective of their sexual orientation or, indeed, any other status," the code states. "This is a fundamental tenet of the International Covenant on Civil and Political Rights, the Basic Law and the Bill of Rights.

"People of different sexual orientation perform all the normal duties and responsibilities as citizens and contribute to society in the same way and to the same extent as everyone else. They are entitled to the same respect and consideration accorded to all human beings."

Crucially, however, the government code is only voluntary - meaning that any school or employer who chooses to disregard it will be free from any penalty.

Asked about the International Christian School's ban on gay teachers, a spokesman for the Education Bureau said in a statement the bureau "attaches great importance to the creation of a harmonious school culture under which all are equal, and does not tolerate discrimination of any kind in schools".

The statement said: "Through circulars, guidelines on school administration and daily communication with schools, the bureau requests schools to observe the principle of equal opportunities and to avoid any form of discrimination."

The International Christian School, which was set up in 1992 and says on its website that it has been "blessed with faithful families and amazing teachers" over the past two decades, declined to answer questions from China Daily about its policies and its "Morality Contract" for teachers.

(HK Edition 03/07/2014 page2)