E/C.12/CHN/CO/2 D. Principal subjects of concern and recommendations: Hong Kong, China Domestic applicability of the Covenant 39. The Committee notes with concern that, according to article 39 of the Basic Law of Hong Kong, China, the provisions of the Covenant as applied to Hong Kong shall be implemented through the laws of the Hong Kong Special Administrative Region. The Committee therefore notes with regret that the Covenant has not been incorporated in the legislation of the Special Administrative Region and that its provisions are thus not directly applicable by courts and tribunals. The Committee recommends that Hong Kong, China, take all appropriate measures to incorporate the provisions of the Covenant in domestic legislation and to guarantee their direct applicability by the domestic courts. National human rights institution 40. The Committee notes that the Equal Opportunities Commission has a limited mandate and regrets that Hong Kong, China, has not taken any further steps to establish an independent national human rights institution (art. 2.1). The Committee urges Hong Kong, China, to establish a national human rights institution with a broad mandate to promote and protect human rights, including economic, social and cultural rights, in line with the Paris Principles, and to provide it with adequate financial and human resources. Non-discrimination 41. The Committee is concerned about the prevalent and widespread discrimination against some disadvantaged and marginalized groups, such as migrants and internal migrants, asylum-seekers and refugees, as well as on the grounds of sexual orientation and gender identity, particularly in employment, education, health care and housing. The Committee notes with concern the absence of comprehensive anti-discrimination legislation and regrets that the Race Discrimination Ordinance does not include discrimination on the grounds of nationality, citizenship, resident status or the length of residence in Hong Kong, China (art. 2, para. 2). The Committee recommends that Hong Kong, China, take steps to adopt comprehensive anti-discrimination legislation in compliance with article 2, paragraph 2, of the Covenant and taking into account the Committee’s general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights. The Committee reiterates its previous recommendation (E/C.12/1/Add.107, para. 91) and urges Hong Kong, China, to eliminate the widespread discriminatory practices against migrants and internal migrants from other parts of China. The Committee also urges Hong Kong, China, to take adequate measures to ensure that lesbians, gays, bisexual and transgender persons are able to fully enjoy their economic, social and cultural rights without any discrimination. Refugees and asylum seekers 42. The Committee is concerned that the absence of comprehensive legislation granting protection to refugees and asylum seekers prevents them from enjoying economic, social and cultural rights, particularly in accessing legal employment, vocational training and adequate housing (arts. 6 and 11). The Committee recommends that Hong Kong, China, adopt legislation on asylumseekers and refugees in order to improve their enjoyment of economic, social and 13