Racial hate crime and discrimination are criminal offences in Scotland. Scottish councils and the wider public sector are strongly committed to adopting a zero-tolerance approach to racism and prejudice. Despite this, there are unfortunately still too many cases of race hate and racially aggravated discrimination. Many migrant groups are particularly vulnerable to racism, prejudice, and discrimination and particular care should be taken to ensure that these groups feel welcome and safe in Scotland. 

It is also vital that Local Authorities are aware of potential tensions between arriving Hongkongers and established Chinese communities. This may lead to intimidation or hate crime towards Hongkongers – often coordinated by pro-Beijing groups. Local Authorities should also note the increased prevalence of East Asian hate crime more generally since the start of the pandemic. These concerns should be considered within the context and framework of the public sector equality duty. 

Police Scotland defines a Hate Crime as ‘any crime which is perceived by the victim or any other person as being motivated (wholly or partly) by malice or ill will towards a social group’. 

There are five protected characteristics covered by hate crime legislation:

• Disability 
• Race 
• Religion 
• Sexual Orientation 
• Transgender Identity 

Hate crime can be verbal or physical abuse, property damage, shouting, swearing or heckling. It can happen on social media, in the street, on public transport, or at work. None of this is acceptable. 

If you become aware of a hate crime, you should report it to the police. 

You can report: 

• In person at a police station
• Phone 101 or 999 in an emergency
• Complete a hate crime reporting form
• At a Third Party Reporting Centre 
• Text 999 (Registered users only) 
• Via the Keep Safe Scotland app

Council staff should be particularly mindful that trust in the local Hong Kong police force may be low amongst Hong Kong citizens. Hongkongers arriving in Scotland therefore may not feel comfortable reporting race hate, hate crime, or intimidation due to their previous experiences with law enforcement. Local Authorities should seek to address any concerns or signpost Hongkongers to resources explaining the role of the Police in Scotland. Staff should stress that hate crime, racism, discrimination, and intimidation of any form is taken extremely seriously in Scotland and will always be investigated.  

Additionally, local authority staff can refer Hong Kong BN(O)s to our page on safety and security for BN(O) migrants. This resource is available both in English and Traditional Chinese Characters for Cantonese speakers.