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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience:  Over 5 years in practice
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Hi, is somebody calling a chinese person "a big fat chinese

Customer Question

is somebody calling a chinese person "a big fat chinese man" racist?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

Sure. One youngster said out of spite to another youngster "You are a fat Chinese, overweight boy".


I feel that this had racist intent within this statement. Would you agree?

Expert:  Jo C. replied 3 years ago.
I cannot really comment on the intent. People can make insulting statements for lots of reasons.

How old is the person?
Customer: replied 3 years ago.

These are two youngsters (aged 12). One youngster who was Chinese received the said statement.

Expert:  Jo C. replied 3 years ago.
I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

There is a potential racially aggravated public order in these comments if they were made in a public place but I'm afraid the police are not likely to act against 12 year olds. They are only just over the age of criminal responsibility and its rare to see 12 year olds prosecuted for offences of this kind.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please remember to rate my service either OK SERVICE or above and then I will give you related information for free.
Customer: replied 3 years ago.

Please can you explain how it is potentially racist? Thanks

Expert:  Jo C. replied 3 years ago.
I cannot say whether its racist or not.

Actually I think its quite unlikely that a 12 year old has an idealogical commitment to racism or anything else.

But it could amount to a S5 public order because of the insult which is aggravated by the reference to a race. If the police were willing to act against a 12 year old for what is, I'm afraid, ultimately the most minor public order offence on the statute books.

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