E/C.12/1/Add.107 page 11 C. Factors and difficulties impeding the implementation of the Covenant 77. The Committee notes the absence of any significant factors or difficulties preventing the effective implementation of the Covenant in HKSAR. D. Principal subjects of concern 78. The Committee regrets that HKSAR has not implemented a number of the recommendations contained in its concluding observations of 2001. The Committee wishes to reiterate in particular its concern at the following issues: (a) The present anti-discrimination legislation does not cover discrimination on the basis of race, sexual orientation and age; (b) The absence of a human rights institution with a broad mandate, while noting the position of HKSAR that the Equal Opportunities Commission has comparable functions; (c) The lack of effective protection from discrimination and abuse, of foreign domestic helpers, affected by the “two-week rule”, upon expiration of their contract; (d) The continuing spread of poverty and lack of effective access to social services, which affects the disadvantaged and marginalized groups; (e) The exclusion of many individuals, including women who are homemakers, persons with disabilities and older persons, from the Mandatory Provident Fund Scheme, due to their inability to make sufficient voluntary contributions; (f) The hardship arising from the right of abode policies in relation to permanent residence and split families; and (g) The persistence of inadequate housing in the form of cage-homes and bed-space apartments, despite measures taken by HKSAR to provide alternative housing to residents who choose to remain in such homes. 79. The Committee is concerned that in the proposed racial discrimination law, the protection it affords will not cover migrants from the Mainland despite the widespread de jure and de facto discrimination against them on the basis of their origin. The Committee is also concerned that according to the proposals made by the Hong Kong Home Affairs Bureau, the new law will not affect the existing immigration legislation in HKSAR. 80. The Committee is concerned that HKSAR lacks a clear asylum policy and that the Convention relating to the Status of Refugees of 1951 and the Protocol thereto of 1967, to which China is a party, are not extended to HKSAR. In particular, the Committee regrets the position of HKSAR that it does not foresee any necessity to have the Convention and the Protocol extended to its territorial jurisdiction.