SEX DISCRIMINATION ORDINANCE
- CHAPTER 480

SEX DISCRIMINATION ORDINANCE - LONG TITLE  
Long title VerDate:30/06/1997



An Ordinance to render unlawful certain kinds of sex discrimination, 
discrimination on the ground of marital status or pregnancy, and sexual 
harassment; to provide for the establishment of a Commission with the 
functions of working towards the elimination of such discrimination and 
harassment and promoting equality of opportunity between men and women 
generally; and to provide for matters incidental thereto or connected 
therewith.
(Enacted 1995)

[Sections 63, 64, 67 to 69 and Schedule 6	}	20 May 1996   L.N. 185 of 1996
		
The other provisions, other than Part III, sections 36(1), (2) and (4), 
40(6), 46(1) and (3), 46(2) (in so far as that subsection relates to an 
agent who is also an employee of his principal) and 47(2) (in so far as 
that subsection relates to an employee or employer), Schedules 2 and 3 and 
any other provision of the Ordinance in so far as that provision makes 
reference to-

        (a) Part III or any section or provision contained within that Part; and 

        (b) any section or Schedule mentioned above	}
	}
	}
	}
	}
	}
	}
	}
	}
	}
	}	
		
		
		
		
		
		
		
		
		20 September 1996   L.N. 394 of 1996
		
		
		
		
		
		
		
The remaining provisions	}	20 December 1996   L.N. 556 of 1996]

(Originally 67 of 1995)



SEX DISCRIMINATION ORDINANCE - SECT 1
Short title VerDate:30/06/1997



PART I

PRELIMINARY


(1)	This Ordinance may be cited as the Sex Discrimination Ordinance.

(2)	(Omitted as spent)
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 2
Interpretation VerDate:03/10/2008




(1)	In this Ordinance, unless the context otherwise requires-
"access" (獲得、享用) means access as construed in accordance with section 56;
"act" (作為) includes a deliberate omission;
"advertisement" (廣告) includes every form of advertisement, whether to the 
public or not, and whether-

        (a)	in a newspaper or other publication;

        (b)	by television or radio;

        (c)	by display of notices, signs, labels, showcards or goods;

        (d)	by distribution of samples, circulars, catalogues, price lists 
or other material;

        (e)	by exhibition of pictures, models or films; or

        (f)	in any other way,
and references to the publishing of advertisements shall be construed 
accordingly;
"Chairperson" (主­) means the Chairperson of the Commission appointed under 
section 63(3)(a);
"club" (會社) means an association, incorporate or unincorporate, of not 
less than 30 persons associated together for social, literary, cultural, 
political, sporting, athletic or other lawful purposes and which provides 
and maintains its facilities, in whole or in part, from the funds of the 
association;  (Amended 29 of 2008 s. 91)
"Commission" (委員會) means the Equal Opportunities Commission established 
under section 63(1);
"commission agent" (佣金經紀人) means commission agent as construed in 
accordance with section 20;
"committee" (小組委員會) means a committee established under section 64(2)(a);
"committee of management" (管理委員會), in relation to a club, means the group 
or body of persons (howsoever described) that manages the affairs of that 
club;
"conciliator" (調解人) means any person engaged by the Commission under 
section 64(2)(e);
"contract worker" (合約工作者) means contract worker as construed in accordance 
with section 13;
"discrimination" (­視) means any discrimination falling within section 5, 
6, 7, 8 or 9, and related expressions shall be construed accordingly;
"dispose" (處置), in relation to premises, includes granting a right to 
occupy the premises, and any reference to acquiring premises shall be 
construed accordingly;
"dynamically supported craft" (動力承托的航行器) has the same meaning as in the 
Shipping and Port Control Ordinance (Cap 313);  (Amended L.N. 315 of 1998)
"education" (教育) includes any form of training or instruction;
"educational establishment" (教育機構) means an educational establishment 
specified in column 1 of Schedule 1;
"employment" (僱用) means employment under-

        (a)	a contract of service or of apprenticeship; or

        (b)	a contract personally to execute any work or labour,
and related expressions shall be construed accordingly;
"employment agency" (職­介紹所) means a person who, for profit or not, 
provides services for the purpose of finding employment for workers or 
supplying employers with workers;
"enforcement notice" (執行通知) means a notice under section 77(2);
"estate agent" (地產代理) has the same meaning as in the Estate Agents 
Ordinance (Cap 511);  (Replaced 29 of 2008 s. 91)
"firm" (商號) means firm within the meaning of the Partnership Ordinance 
(Cap 38);
"formal investigation" (­式調查) means an investigation under section 70;
"general notice" (一般通告), in relation to any person, means a notice 
published by him at a time and in a manner appearing to him suitable for 
securing that the notice is seen within a reasonable time by persons 
likely to be affected by it;
"genuine occupational qualification" (真­的職­資 ) means genuine occupational 
qualification as construed in accordance with section 12(2);
"man" (男性) includes a male of any age;
"marital status" (婚姻狀況) means the state or condition of being-

        (a)	single;

        (b)	married;

        (c)	married but living separately and apart from one's spouse;

        (d)	divorced; or

        (e)	widowed;
"near relative" (近親), in relation to a person, means-

        (a)	the person's spouse;

        (b)	a parent of the person or of the spouse;

        (c)	a child of the person or the spouse of such a child;

        (d)	a brother or sister (whether of full blood or half blood) of 
the person or of the spouse or the spouse of such a brother or sister;

        (e)	a grandparent of the person or of the spouse; or

        (f)	a grandchild of the person or the spouse of such a grandchild,
and, in determining the above relationships, children born out of wedlock 
are to be included, an adopted child is to be regarded as a child of both 
the natural parents and the adoptive parent or parents and a step child as 
the child of both the natural parents and any step parent;  (Added 29 of 
2008 s. 91)
"notice" (通告、通知) means a notice in writing;
"prescribed" (訂明) means prescribed in rules made under section 88;
"profession" (專­) includes any vocation or occupation;
"responsible body" ( 責組織), in relation to an educational establishment, 
means the body specified in column 2 of Schedule 1 opposite that 
establishment;
"retirement" (退休) includes retirement (whether voluntary or not) on 
grounds of age, length of service or incapacity;
"sex discrimination" (性別­視) means any discrimination falling within 
section 5 or 6;
"single-sex establishment" (單性別機構) means single-sex establishment as 
construed in accordance with section 26;
"trade" (行­) includes any business;
"training" (訓練) includes any form of education or instruction;
"woman" (女性) includes a female of any age.

(2)	References in this Ordinance to the dismissal of a person from 
employment or to the expulsion of a person from a position as partner 
include references-

        (a)	to the termination of that person's employment or partnership 
by the expiration of any period (including a period expiring by reference 
to an event or circumstance), not being a termination immediately after 
which the employment or partnership is renewed on the same terms;

        (b)	to the termination of that person's employment or partnership 
by any act of his (including the giving of notice) in circumstances such 
that he is entitled to terminate it without notice by reason of the 
conduct of the employer, or the other partners, as the case may be.

(3)	For the purposes of this Ordinance, an enforcement notice or a 
finding by the District Court becomes final when an appeal against the 
notice or finding is dismissed, withdrawn or abandoned or when the time 
for appealing expires without an appeal having been brought; and for this 
purpose an appeal against an enforcement notice shall be taken to be 
dismissed if, notwithstanding that a requirement of the notice is quashed 
on appeal, a direction is given in respect of it under section 78(3).

(4)	(Repealed 29 of 2008 s. 91)

(5)	For the purposes of this Ordinance, a person (howsoever 
described) sexually harasses a woman if-

        (a)	the person-

        (i)	makes an unwelcome sexual advance, or an unwelcome request for 
sexual favours, to her; or

        (ii)	engages in other unwelcome conduct of a sexual nature in 
relation to her,
in circumstances in which a reasonable person, having regard to all the 
circumstances, would have anticipated that she would be offended, 
humiliated or intimidated; or

        (b)	the person, alone or together with other persons, engages in 
conduct of a sexual nature which creates a hostile or intimidating 
environment for her.  (Amended 29 of 2008 s. 91)

(6)	(Repealed 29 of 2008 s. 91)

(7)	In subsection (5)-
"conduct of a sexual nature" (涉及性的行徑) includes making a statement of a 
sexual nature to a woman, or in her presence, whether the statement is 
made orally or in writing.

(8)	A provision of Part III or IV framed with reference to sexual 
harassment of women shall be treated as applying equally to the treatment 
of men and for that purpose that provision, and subsections (5) and (7), 
shall have effect with such modifications as are necessary.

(9)	Subject to subsection (10), in this Ordinance "existing 
statutory provision" (現有法例條文) means any provision of-

        (a)	any Ordinance enacted before this Ordinance was enacted;

        (b)	any subsidiary legislation made-

        (i)	under an Ordinance enacted before this Ordinance was enacted; 
and

        (ii)	before, on or after this Ordinance was enacted.

(10)	Where an Ordinance enacted after this Ordinance was enacted 
re-enacts (with or without modifications) a provision of an Ordinance 
enacted before this Ordinance was enacted, then that provision as 
re-enacted shall be treated for the purposes of subsection (9) as if it 
continued to be contained in an Ordinance enacted before this Ordinance 
was enacted.
(Enacted 1995)
"access" (獲得、享用)
"act" (作為)
"advertisement" (廣告) 
"Chairperson" (主­) 
"club" (會社)
"Commission" (委員會)
"commission agent" (佣金經紀人)
"committee" (小組委員會) 
"committee of management" (管理委員會)
"conciliator" (調解人)
"contract worker" (合約工作者) 
"discrimination" (­視) 
"dispose" (處置)
"dynamically supported craft" (動力承托的航行器)
 "education" (教育)
 "educational establishment" (教育機構)
"employment" (僱用) 
"employment agency" (職­介紹所)
"enforcement notice" (執行通知)
 "estate agent" (地產代理)
"firm" (商號) 
"formal investigation" (­式調查)
"general notice" (一般通告) 
"genuine occupational qualification" (真­的職­資 )
 "man" (男性)
"marital status" (婚姻狀況)
"near relative" (近親) 
"notice" (通告、通知) 
"prescribed" (訂明) 
"profession" (專­)
 "responsible body" ( 責組織)
"retirement" (退休)
"sex discrimination" (性別­視) 
"single-sex establishment" (單性別機構)
 "trade" (行­) 
"training" (訓練)
"woman" (女性) 
 "conduct of a sexual nature" (涉及性的行徑) 
"existing statutory provision" (現有法例條文) 


SEX DISCRIMINATION ORDINANCE - SECT 3
Application VerDate:30/06/1997



This Ordinance binds the Government.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 4
Act done because of sex, etc. and for other reason VerDate:30/06/1997



If-

        (a)	an act is done for 2 or more reasons; and

        (b)	one of the reasons is the sex, marital status or pregnancy of 
person (whether or not it is the dominant or a substantial reason for 
doing the act),
then, for the purpose of this Ordinance, the act shall be taken to be done 
for the reason specified in paragraph (b).
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 5
Sex discrimination against women VerDate:30/06/1997



PART II

DISCRIMINATION TO WHICH ORDINANCE APPLIES


(1)	A person discriminates against a woman in any circumstances 
relevant for the purposes of any provision of this Ordinance if-

        (a)	on the ground of her sex he treats her less favourably than he 
treats or would treat a man; or

        (b)	he applies to her a requirement or condition which he applies 
or would apply equally to a man but-

        (i)	which is such that the proportion of women who can comply with 
it is considerably smaller than the proportion of men who can comply with 
it;

        (ii)	which he cannot show to be justifiable irrespective of the sex 
of the person to whom it is applied; and

        (iii)	which is to her detriment because she cannot comply with it.

(2)	If a person treats or would treat a man differently according 
to the man's marital status, his treatment of a woman is for the purposes 
of subsection (1)(a) to be compared to his treatment of a man having the 
like marital status.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 6
Sex discrimination against men VerDate:30/06/1997




(1)	Section 5, and the provisions of Parts III and IV relating to 
sex discrimination against women, shall be read as applying equally to the 
treatment of men, and for that purpose shall have effect with such 
modifications as are necessary.

(2)	In the application of subsection (1) no account shall be taken 
of special treatment afforded to women in connection with pregnancy or 
childbirth.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 7
Discrimination against married, etc. persons in employment field VerDate:30/06/1997




(1)	A person discriminates against a person of either sex in any 
circumstances relevant for the purposes of any provision of Part III or IV 
if-

        (a)	on the ground of his or her marital status ("the relevant 
marital status") he treats that person less favourably than he treats or 
would treat a person of the same sex with a different marital status; or

        (b)	he applies to that person a requirement or condition which he 
applies or would apply equally to a person with a different marital status 
but-

        (i)	which is such that the proportion of persons with the relevant 
marital status who can comply with it is considerably smaller than the 
proportion of persons of the same sex with a different marital status who 
can comply with it;

        (ii)	which he cannot show to be justifiable irrespective of the 
marital status of the person to whom it is applied; and

        (iii)	which is to that person's detriment because he or she cannot 
comply with it.

(2)	For the purposes of subsection (1), a provision of Part III or 
IV framed with reference to discrimination against women shall be treated 
as applying equally to the treatment of men, and for that purpose shall 
have effect with such modifications as are necessary.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 8
Discrimination against pregnant women in employment field VerDate:30/06/1997



A person discriminates against a woman in any circumstances relevant for 
the purposes of any provision of Part III or IV if-

        (a)	on the ground of her pregnancy he treats her less favourably 
than he treats or would treat a person who is not pregnant; or

        (b)	he applies to her a requirement or condition which he applies 
or would apply to a person who is not pregnant but-

        (i)	which is such that the proportion of persons who are pregnant 
who can comply with it is considerably smaller than the proportion of 
persons who are not pregnant who can comply with it;

        (ii)	which he cannot show to be justifiable irrespective of whether 
or not the person to whom it is applied is pregnant; and

        (iii)	which is to her detriment because she cannot comply with it.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 9
Discrimination by way of victimisation VerDate:30/06/1997




(1)	A person ("the discriminator") discriminates against another 
person ("the person victimised") in any circumstances relevant for the 
purposes of any provision of this Ordinance if he treats the person 
victimised less favourably than in those circumstances he treats or would 
treat other persons, and does so by reason that the person victimised or 
any other person ("the third person") has-

        (a)	brought proceedings against the discriminator or any other 
person under this Ordinance;

        (b)	given evidence or information in connection with proceedings 
brought by any person against the discriminator or any other person under 
this Ordinance;

        (c)	otherwise done anything under or by reference to this Ordinance 
in relation to the discriminator or any other person; or

        (d)	alleged that the discriminator or any other person has 
committed an act which (whether or not the allegation so states) would 
amount to a contravention of this Ordinance,
or by reason that the discriminator knows the person victimised or the 
third person, as the case may be, intends to do any of those things, or 
suspects the person victimised or the third person, as the case may be, 
has done, or intends to do, any of them.

(2)	Subsection (1) shall not apply to treatment of a person by 
reason of any allegation made by him if the allegation was false and not 
made in good faith.

(3)	For the purposes of subsection (1), a provision of Part III or 
IV framed with reference to discrimination against, or sexual harassment 
of, women shall be treated as applying equally to the treatment of men and 
for that purpose shall have effect with such modifications as are 
necessary.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 10
Comparison of cases under sections 5(1), 7(1) and 8 VerDate:30/06/1997



A comparison of the cases of persons-

        (a)	of different sex under section 5(1);

        (b)	of different marital status under section 7(1);

        (c)	who are pregnant and not pregnant under section 8,
shall be such that the relevant circumstances in the one case are the 
same, or not materially different, in the other.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 11
Discrimination against applicants and employees VerDate:21/11/1997


Adaptation amendments retroactively made - see 66 of 1999 s. 3
PART III

DISCRIMINATION AND SEXUAL HARASSMENT
IN EMPLOYMENT FIELD

Discrimination by employers


(1)	It is unlawful for a person, in relation to employment by him 
at an establishment in Hong Kong, to discriminate against a woman-

        (a)	in the arrangements he makes for the purpose of determining who 
should be offered that employment;

        (b)	in the terms on which he offers her that employment; or

        (c)	by refusing or deliberately omitting to offer her that 
employment.

(2)	It is unlawful for a person, in the case of a woman employed by 
him at an establishment in Hong Kong, to discriminate against her-

        (a)	in the way he affords her access to opportunities for 
promotion, transfer or training, or to any other benefits, facilities or 
services, or by refusing or deliberately omitting to afford her access to 
them;

        (b)	in the terms of employment he affords her; or

        (c)	by dismissing her, or subjecting her to any other detriment.

(3)	Except in relation to discrimination falling within section 9, 
subsections (1) and (2) shall not apply to employment where the number of 
persons employed by the employer, added to the number employed by any 
associated employers of his, does not exceed 5 (disregarding any persons 
employed for the purposes of a private home).

(4)*	Subject to subsection (5), subsections (1)(b) and (2) shall 
not apply to provision in relation to death or retirement made for a woman 
before 15 October 1997 in so far as any such provision continues for that 
woman on and after that date.  (Replaced 71 of 1997 s. 2. Amended 136 of 
1997 s. 2)

(5)	Subsections (1)(b) and (2) shall apply to provision in relation 
to death or retirement of the kind mentioned in subsection (4) in so far 
as, in their application to such provision in relation to retirement, they 
render it unlawful for a person to discriminate against a woman-

        (a)	in such of the terms on which he offers her employment as make 
provision in relation to the way in which he will afford her access to 
opportunities for promotion, transfer or training or as provide for her 
dismissal or demotion;

        (b)	in the way he affords her opportunities for promotion, transfer 
or training or by refusing or deliberately omitting to afford her access 
to any such opportunities; or

        (c)	by dismissing her or subjecting her to any detriment which 
results in her dismissal or consists in or involves her demotion.  
(Replaced 71 of 1997 s. 2)

(6)	Subsection (2) shall not apply to benefits, facilities or 
services of any description if the employer is concerned with the 
provision (for payment or not) of benefits, facilities or services of that 
description to the public, or to a section of the public comprising the 
woman concerned, unless-

        (a)	that provision differs in a material respect from the provision 
of the benefits, facilities or services by the employer to his employees; 
or

        (b)	the benefits, facilities or services relate to training.

(7)	Subsection (3) shall expire on the 3rd anniversary of the day 
on which this Ordinance is enacted.

(8)	For the purposes of subsection (3), 2 employers are to be 
treated as associated if one is a company of which the other (directly or 
indirectly) has control or if both are companies of which a third person 

        (directly or indirectly) has control.

(9)	The Chief Executive in Council may, by notice in the Gazette-  
(Amended 66 of 1999 s. 3)

        (a)	amend subsection (3) by substituting another number for the 
last number appearing in that subsection;

        (b)	amend subsection (7) by substituting another anniversary for 
the anniversary appearing in that subsection.
(Enacted 1995)
___________________________________________________________________________
______
Note:
*	Prior to its amendment by 136 of 1997, this subsection disapplies 
certain provisions of this Ordinance to certain death or retirement 
provision made before "the commencement of this section" in so far as that 
death or retirement provision continues "on and after that commencement". 
According to s. 5 of 136 of 1997, "the commencement of this section" 
meant, and always meant, for all purposes, the commencement of ss. 2, 3 
and 4 of 71 of 1997, i.e. 15 October 1997.



SEX DISCRIMINATION ORDINANCE - SECT 12
Exception where sex is genuine occupational qualification VerDate:30/06/1997




(1)	In relation to sex discrimination-

        (a)	section 11(1)(a) or (c) shall not apply to any employment where 
being a man is a genuine occupational qualification for the job;

        (b)	section 11(2)(a) shall not apply to opportunities for promotion 
or transfer to, or training for, such employment.

(2)	Being a man is a genuine occupational qualification for a job 
only where-

        (a)	the essential nature of the job calls for a man for reasons of 
physiology (excluding physical strength or stamina) or, in dramatic 
performances or other entertainment, for reasons of authenticity, so that 
the essential nature of the job would be materially different if carried 
out by a woman;

        (b)	the job needs to be held by a man to preserve decency or 
privacy because-

        (i)	it is likely to involve physical contact with men in 
circumstances where they might reasonably object to its being carried out 
by a woman; or

        (ii)	the holder of the job is likely to do his work in 
circumstances where men might reasonably object to the presence of a woman 
because they are in a state of undress or are using sanitary facilities;

        (c)	the job is likely to involve the holder of the job doing his 
work, or living, in a private home and needs to be held by a man because 
objection might reasonably be taken to allowing to a woman-

        (i)	the degree of physical or social contact with a person living 
in the home; or

        (ii)	the knowledge of intimate details of such a person's life,
which is likely, because of the nature or circumstances of the job or of 
the home, to be allowed to, or available to, the holder of the job;

        (d)	the nature or location of the establishment makes it 
impracticable for the holder of the job to live elsewhere than in premises 
provided by the employer, and-

        (i)	the only such premises which are available for persons holding 
that kind of job are lived in, or normally lived in, by men and are not 
equipped with separate sleeping accommodation for women and sanitary 
facilities which could be used by women in privacy from men; and

        (ii)	it is not reasonable to expect the employer to equip those 
premises with such accommodation and facilities or to provide other 
premises for women;

        (e)	the nature of the establishment, or of the part of it within 
which the work is done, requires the job to be held by a man because-

        (i)	it is, or is part of, a hospital, prison or other establishment 
for persons requiring special care, supervision or attention;

        (ii)	those persons are all men (disregarding any woman whose 
presence is exceptional); and

        (iii)	it is reasonable, having regard to the essential character of 
the establishment or that part, that the job should not be held by a woman;

        (f)	the holder of the job provides individuals with personal 
services promoting their welfare or education, or similar personal 
services, and those services can most effectively be provided by a man;

        (g)	the job needs to be held by a man because of restrictions 
imposed by a provision specified in Schedule 3;

        (h)	the job needs to be held by a man because it is likely to 
involve the performance of duties outside Hong Kong in a place the laws or 
customs of which are such that the duties could not, or could not 
effectively, be performed by a woman; or

        (i)	the job is one of 2 to be held by a married couple.

(3)	Subsection (2) applies where some only of the duties of the job 
fall within any paragraph of that subsection (except paragraph (i)) as 
well as where all of them do.

(4)	Paragraph (a), (b), (d), (e), (f), (g) or (h) of subsection (2) 
shall not apply in relation to the filling of a vacancy at a time when the 
employer already has male employees-

        (a)	who are capable of carrying out the duties falling within that 
paragraph;

        (b)	whom it would be reasonable to employ on those duties; and

        (c)	whose numbers are sufficient to meet the employer's likely 
requirements in respect of those duties without undue inconvenience.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 13
Discrimination against contract workers VerDate:03/10/2008




(1)	This section applies to any work for a person ("the principal") 
which is available for doing by individuals ("contract workers") who are 
employed not by the principal himself but by a contractor or 
sub-contractor of the principal.  (Amended 29 of 2008 s. 92)

(2)	It is unlawful for the principal, in relation to work to which 
this section applies, to discriminate against a woman who is a contract 
worker-

        (a)	in the terms on which he allows her to do that work;

        (b)	by not allowing her to do it or continue to do it;

        (c)	in the way he affords her access to any benefits, facilities or 
services or by refusing or deliberately omitting to afford her access to 
them; or

        (d)	by subjecting her to any other detriment.

(3)	The principal does not contravene subsection (2)(b) by doing 
any act in relation to a woman at a time when if the work were to be done 
by a person taken into his employment being a man would be a genuine 
occupational qualification for the job.

(4)	Subsection (2)(c) shall not apply to benefits, facilities or 
services of any description if the principal is concerned with the 
provision (for payment or not) of benefits, facilities or services of that 
description to the public, or to a section of the public to which the 
woman belongs, unless that provision differs in a material respect from 
the provision of the benefits, facilities or services by the principal to 
his contract workers.

(5)	In this section-
"contractor" (承判商) means a person who undertakes any work for the 
principal under a contract that is entered into by the person directly 
with the principal;
"sub-contractor" (次承判商) means a person who enters into a contract with 
another person (whether or not a contractor of the principal) to undertake 
all or any part of the work that a contractor of the principal has 
undertaken.  (Added 29 of 2008 s. 92)
(Enacted 1995)
"contractor" (承判商)
"sub-contractor" (次承判商)


SEX DISCRIMINATION ORDINANCE - SECT 14
Meaning of employment at establishment in Hong Kong VerDate:30/06/1997




(1)	For the purposes of this Ordinance ("the relevant purposes"), 
employment is to be regarded as being at an establishment in Hong Kong 
unless the employee does his work wholly or mainly outside Hong Kong.

(2)	Subsection (1) shall not apply to-

        (a)	employment on board a ship registered in Hong Kong; or

        (b)	employment on aircraft or dynamically supported craft 
registered in Hong Kong and operated by a person who has his principal 
place of business, or is ordinarily resident, in Hong Kong,
but for the relevant purposes such employment is to be regarded as being 
at an establishment in Hong Kong unless the employee does his work wholly 
outside Hong Kong.

(3)	In the case of employment on board a ship registered in Hong 
Kong (except where the employee does his work wholly outside Hong Kong) 
the ship shall for the relevant purposes be deemed to be the establishment.

(4)	Where work is not done at an establishment it shall be treated 
for the relevant purposes as done at the establishment from which it is 
done or (where it is not done from any establishment) at the establishment 
with which it has the closest connection.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 15
Partnerships VerDate:21/11/1997


Adaptation amendments retroactively made - see 66 of 1999 s. 3
Discrimination by other bodies


(1)	It is unlawful for a firm consisting of not less than 6 
partners, in relation to a position as partner in the firm, to 
discriminate against a woman-

        (a)	in the arrangements the firm makes for the purpose of 
determining who should be offered that position;

        (b)	in the terms on which the firm offers her that position;

        (c)	by refusing or deliberately omitting to offer her that 
position; or

        (d)	in a case where the woman already holds that position-

        (i)	in the way the firm affords her access to any benefits, 
facilities or services, or by refusing or deliberately omitting to afford 
her access to them; or

        (ii)	by expelling her from that position or subjecting her to any 
other detriment.

(2)	Subsection (1) shall apply in relation to persons proposing to 
form themselves into a partnership as it applies in relation to a firm.

(3)	Subsection (1)(a) and (c) shall not apply to a position as 
partner where, if it were employment, being a man would be a genuine 
occupational qualification for the job.

(4)*	Subject to subsection (5), subsection (1)(b) and (d) shall not 
apply to provision in relation to death or retirement made for a woman 
before 15 October 1997 in so far as any such provision continues for that 
woman on and after that date.  (Replaced 71 of 1997 s. 3.  Amended 136 of 
1997 s. 3)

(5)	Subsection (1)(b) and (d) shall apply to provision made in 
relation to death or retirement of the kind mentioned in subsection (4) in 
so far as, in their application to such provision made in relation to 
retirement, they render it unlawful for a firm to discriminate against a 
woman-

        (a)	in such of the terms on which the firm offers her a position as 
partner as provide for her expulsion from that position; or

        (b)	by expelling her from a position as partner or subjecting her 
to any detriment which results in her expulsion from such a position.  
(Replaced 71 of 1997 s. 3)

(6)	In the case of a limited partnership references in subsection 

(1) to a partner shall be construed as references to a general partner 
within the meaning of section 2 of the Limited Partnerships Ordinance (Cap 
37).

(7)	The Chief Executive in Council may, by notice in the Gazette, 
amend subsection (1) by-  (Amended 66 of 1999 s. 3)

        (a)	substituting another number for the number appearing in that 
subsection; or

        (b)	repealing the words and number appearing after "for a firm" and 
before ", in relation to".
(Enacted 1995)
___________________________________________________________________________
______
Note:
*	Prior to its amendment by 136 of 1997, this subsection disapplies 
certain provisions of this Ordinance to certain death or retirement 
provision made before "the commencement of this section" in so far as that 
death or retirement provision continues "on and after that commencement". 
According to s. 5 of 136 of 1997, "the commencement of this section" 
meant, and always meant, for all purposes, the commencement of ss. 2, 3 
and 4 of 71 of 1997, i.e. 15 October 1997.



SEX DISCRIMINATION ORDINANCE - SECT 16
Trade unions, etc. VerDate:21/11/1997




(1)	This section applies to an organization of workers, an 
organization of employers, or any other organization whose members carry 
on a particular profession or trade for the purposes of which the 
organization exists.

(2)	It is unlawful for an organization to which this section 
applies, in the case of a woman who is not a member of the organization, 
to discriminate against her-

        (a)	in the terms on which it is prepared to admit her to 
membership; or

        (b)	by refusing, or deliberately omitting to accept, her 
application for membership.

(3)	It is unlawful for an organization to which this section 
applies, in the case of a woman who is a member of the organization, to 
discriminate against her-

        (a)	in the way it affords her access to any benefits, facilities or 
services, or by refusing or deliberately omitting to afford her access to 
them;

        (b)	by depriving her of membership, or varying the terms on which 
she is a member; or

        (c)	by subjecting her to any other detriment.

(4)*	This section shall not apply to provision in relation to the 
death or retirement from work of a member made before 15 October 1997 in 
so far as any such provision continues for that member on and after that 
date.  (Replaced 71 of 1997 s. 4.  Amended 136 of 1997 s. 4)

(5)	(Repealed 71 of 1997 s. 4)
(Enacted 1995)
___________________________________________________________________________
______
Note:
*	Prior to its amendment by 136 of 1997, this subsection disapplies 
certain provisions of this Ordinance to certain death or retirement 
provision made before "the commencement of this section" in so far as that 
death or retirement provision continues "on and after that commencement". 
According to s. 5 of 136 of 1997, "the commencement of this section" 
meant, and always meant, for all purposes, the commencement of ss. 2, 3 
and 4 of 71 of 1997, i.e. 15 October 1997.



SEX DISCRIMINATION ORDINANCE - SECT 17
Qualifying bodies VerDate:30/06/1997




(1)	It is unlawful for an authority or body which can confer an 
authorization or qualification which is needed for, or facilitates, 
engagement in a particular profession or trade to discriminate against a 
woman-

        (a)	in the terms on which it is prepared to confer on her that 
authorization or qualification;

        (b)	by refusing or deliberately omitting to grant her application 
for it; or

        (c)	by withdrawing it from her or varying the terms on which she 
holds it.

(2)	Where an authority or body is required by law to satisfy itself 
as to his good character before conferring on a person an authorization or 
qualification which is needed for, or facilitates, his engagement in any 
profession or trade then, without prejudice to any other duty to which it 
is subject, that requirement shall be taken to impose on the authority or 
body a duty to have regard to any evidence tending to show that he, or any 
of his employees or agents (whether past or present), has-

        (a)	practised unlawful discrimination; or

        (b)	engaged in unlawful sexual harassment,
in, or in connection with, the carrying on of any profession or trade.

(3)	Subsection (1) shall not apply to discrimination which is 
rendered unlawful by section 25.

(4)	In this section-
"authorization or qualification" (授權或資 ) includes recognition, licensing, 
registration, enrolment, approval and certification;
"confer" (授予) includes renew or extend.
(Enacted 1995)
"authorization or qualification" (授權或資 ) includes recognition, licensing, 
registration, enrolment, approval and certification;
"confer" (授予) includes renew or extend.


SEX DISCRIMINATION ORDINANCE - SECT 18
Persons concerned with provision of vocational training VerDate:30/06/1997




(1)	It is unlawful, in the case of a woman seeking or undergoing 
training which would help fit her for any employment, for any person who 
provides, or makes arrangements for the provision of, facilities for such 
training to discriminate against her-

        (a)	in the terms on which that person affords her access to any 
training course or other facilities concerned with such training;

        (b)	by refusing or deliberately omitting to afford her such access;

        (c)	by terminating her training; or

        (d)	by subjecting her to any other detriment during the course of 
her training.

(2)	Subsection (1) shall not apply to-

        (a)	discrimination which is rendered unlawful by any of the 
provisions of section 11(1) or (2) or 25; or

        (b)	discrimination which would be rendered unlawful by any of those 
provisions but for the operation of any other provision of this Ordinance.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 19
Employment agencies VerDate:30/06/1997




(1)	It is unlawful for an employment agency to discriminate against 
a woman-

        (a)	in the terms on which the agency offers to provide any of its 
services;

        (b)	by refusing or deliberately omitting to provide any of its 
services; or

        (c)	in the way it provides any of its services.

(2)	References in subsection (1) to the services of an employment 
agency include guidance on careers and any other services related to 
employment.

(3)	This section shall not apply if the discrimination only 
concerns employment which the employer could lawfully refuse to offer the 
woman.

(4)	An employment agency shall not be subject to any liability 
under this section if it proves-

        (a)	that it acted in reliance on a statement made to it by the 
employer to the effect that, by reason of the operation of subsection (3), 
its action would not be unlawful; and

        (b)	that it was reasonable for it to rely on the statement.

(5)	A person who knowingly or recklessly makes a statement of the 
kind referred to in subsection (4)(a) which in a material respect is false 
or misleading commits an offence and is liable on conviction to a fine at 
level 4.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 20
Discrimination against commission agents VerDate:30/06/1997




(1)	This section applies to any work for a person ("the principal") 
which is available for doing by individuals ("commission agents") as the 
agents of the principal and who are remunerated, whether in whole or in 
part, by commission.

(2)	It is unlawful for the principal, in relation to work to which 
this section applies, to discriminate against a woman who is a commission 
agent-

        (a)	in the terms on which he allows her to do that work;

        (b)	by not allowing her to do it or continue to do it;

        (c)	in the way he affords her access to any benefits, facilities or 
services or by refusing or deliberately omitting to afford her access to 
them; or

        (d)	by subjecting her to any other detriment.

(3)	The principal does not contravene subsection (2)(b) by doing 
any act in relation to a woman at a time when if the work were to be done 
by a person taken into his employment being a man would be a genuine 
occupational qualification for the job.

(4)	Subsection (2)(c) shall not apply to benefits, facilities or 
services of any description if the principal is concerned with the 
provision (for payment or not) of benefits, facilities or services of that 
description to the public, or to a section of the public to which the 
woman belongs, unless that provision differs in a material respect from 
the provision of the benefits, facilities or services by the principal to 
his commission agents.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 21
Government VerDate:30/06/1997



Government


(1)	Subject to subsection (2), without prejudice to the operation 
of the other provisions of this Part in relation to the Government, it is 
unlawful for the Government to discriminate against a woman in the 
performance of its functions or the exercise of its powers.

(2)	Subsection (1) shall not render unlawful-

        (a)	as regards a woman not having the right to enter and remain in 
Hong Kong, any act done under any immigration legislation governing entry 
into, stay in and departure from Hong Kong; or

        (b)	any act done in relation to a woman if it was necessary for 
that act to be done in order to comply with a requirement of an existing 
statutory provision.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 22
Ministers of religion, etc. VerDate:30/06/1997



Special cases


(1)	Nothing in this Part applies to employment for the purposes of 
an organized religion where the employment is limited to one sex so as to 
comply with the doctrines of the religion or to avoid offending the 
religious susceptibilities common to its followers.

(2)	Nothing in section 17 applies to an authorization or 
qualification (within the meaning of that section) for the purposes of an 
organized religion where the authorization or qualification is limited to 
one sex so as to comply with the doctrines of the religion or to avoid 
offending the religious susceptibilities common to its followers.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 23
Employees, etc. VerDate:30/06/1997



Sexual harassment


(1)	It is unlawful for a person, in relation to employment by him 
at an establishment in Hong Kong, to sexually harass a woman who is 
seeking to be employed by the person.

(2)	It is unlawful for a person, in the case of a woman employed by 
him at an establishment in Hong Kong, to sexually harass her.

(3)	It is unlawful for a person who is employed by another person 
at an establishment in Hong Kong to sexually harass a woman who is seeking 
to be, or who is, employed by that second-mentioned person.

(4)	It is unlawful for the principal, in relation to work to which 
section 13 applies, to sexually harass a woman who is a contract worker.

(5)	It is unlawful for a contract worker to sexually harass a woman 
who is a fellow contract worker.

(6)	It is unlawful for a partner in a firm to sexually harass a 
woman who is seeking to be, or who is, a partner in the firm.

(7)	Subsection (6) shall apply in relation to persons proposing to 
form themselves into a partnership as it applies in relation to a firm.

(8)	Section 15(6) shall apply to subsection (6) as it applies to 
section 15(1).

(9)	It is unlawful for the principal, in relation to work to which 
section 20 applies, to sexually harass a woman who is a commission agent.

(10)	It is unlawful for a commission agent to sexually harass a 
woman who is a fellow commission agent.

(11)	It is unlawful for a person who is seeking to be, or who is, 
employed by a woman at an establishment in Hong Kong to sexually harass 
her.

(12)	It is unlawful for a person residing in any premises to 
sexually harass a woman-

        (a)	employed by another person at an establishment in Hong Kong 

        (and whether or not that other person also resides in those premises or 
those premises are that establishment); and

        (b)	carrying out in those premises all or part of her work in 
relation to her employment (and whether or not she also resides in those 
premises).
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 24
Other sexual harassment VerDate:30/06/1997




(1)	It is unlawful for a member of an organization to which section 
16 applies to sexually harass a woman who is seeking to be, or who is, a 
member of the organization.

(2)	It is unlawful for a member of an authority or body referred to 
in section 17 to sexually harass a woman seeking an authorization or 
qualification (within the meaning of that section) which can be conferred 
by the authority or body, as the case may be.

(3)	It is unlawful for a person to sexually harass a woman seeking 
or undergoing training which would help fit her for any employment if that 
person provides, or makes arrangements for the provision of, facilities 
for such training.

(4)	It is unlawful for a person who-

        (a)	operates an employment agency; or

        (b)	is a member of the staff of an employment agency,
to sexually harass a woman in the course of offering to provide, or 
providing, any of the agency's services to her.
(Enacted 1995)




SEX DISCRIMINATION ORDINANCE - SECT 25
Discrimination by responsible bodies for educational establishments VerDate:30/06/1997



PART IV

DISCRIMINATION AND SEXUAL HARASSMENT
IN OTHER FIELDS
(Amended L.N. 391 of 1996)

Education

It is unlawful for the responsible body for an educational establishment 
to discriminate against a woman-

        (a)	in the terms on which it offers to admit her to the 
establishment as a student;

        (b)	by refusing or deliberately omitting to accept an application 
for her admission to the establishment as a student; or

        (c)	where she is a student of the establishment-

        (i)	in the way it affords her access to any benefits, facilities or 
services, or by refusing or deliberately omitting to afford her access to 
them; or

        (ii)	by excluding her from the establishment or subjecting her to 
any other detriment.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 26
Exceptions for single-sex establishments VerDate:30/06/1997




(1)	Section 25(a) and (b) shall not apply to the admission of 
students to any educational establishment ("single-sex establishment") 
which admits students of one sex only, or which would be taken to admit 
students of one sex only if there were disregarded students of the 
opposite sex-

        (a)	whose admission is exceptional; or

        (b)	whose numbers are comparatively small and whose admission is 
confined to particular courses of instruction or teaching classes.

(2)	Where an educational establishment which is not a single-sex 
establishment has some students as boarders and others as non-boarders, 
and admits as boarders students of one sex only (or would be taken to 
admit as boarders students of one sex only if there were disregarded 
boarders of the opposite sex whose numbers are comparatively small), 
section 25(a) and (b) shall not apply to the admission of boarders and 
section 25(c)(i) shall not apply to boarding facilities.

(3)	Where an educational establishment is a single-sex 
establishment by reason of its inclusion in subsection (1)(b), the fact 
that students of one sex are confined to particular courses of instruction 
or teaching classes shall not be taken to contravene section 25(c)(i).
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 27
Exceptions for single-sex establishments turning co-educational VerDate:30/06/1997




(1)	Where at any time-

        (a)	the responsible body for an educational establishment which is 
a single-sex establishment determines to alter its admissions arrangements 
so that the establishment will cease to be a single-sex establishment; or

        (b)	section 26(2) applies to the admission of boarders to an 
educational establishment but the responsible body for the establishment 
determines to alter its admissions arrangements so that that section will 
cease so to apply,
then the responsible body may, by notice served on the Commission, specify 
the date on which that determination is to take effect.

(2)	Where the responsible body for an educational establishment has 
served a notice referred to in subsection (1), then if the responsible 
body, at any time during the period of 3 years beginning on the date 
specified in that notice as the date on which the determination concerned 
referred to in that subsection is to take effect (or such longer period 
not exceeding 3 years as the Commission may allow in any particular case), 
refuses or deliberately omits to accept an application for the admission 
of a person to the establishment as a student, that refusal or omission, 
as the case may be, shall not be taken to contravene any provision of this 
Ordinance.

(3)	This section shall not operate to afford any exemption from 
liability under this Ordinance except as provided for in subsection (2).
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 28
Discrimination in provision of goods, facilities or services VerDate:01/01/2000




Goods, facilities, services and premises


(1)	It is unlawful for any person concerned with the provision (for 
payment or not) of goods, facilities or services to the public or a 
section of the public to discriminate against a woman who seeks to obtain 
or use those goods, facilities or services-

        (a)	by refusing or deliberately omitting to provide her with any of 
them; or

        (b)	by refusing or deliberately omitting to provide her with goods, 
facilities or services of the like quality, in the like manner and on the 
like terms as are normal in his case in relation to male members of the 
public or (where she belongs to a section of the public) to male members 
of that section.

(2)	The following are examples of the facilities and services 
referred to in subsection (1)-

        (a)	access to and use of any place which members of the public or a 
section of the public are permitted to enter;

        (b)	accommodation in a hotel, guesthouse or other similar 
establishment;

        (c)	facilities by way of banking or insurance or for grants, loans, 
credit or finance;

        (d)	facilities for education;

        (e)	facilities for entertainment, recreation or refreshment;

        (f)	facilities for transport or travel;

        (g)	the services of any profession or trade;

        (h)	the services of-

        (i)-(ii)	(Repealed 78 of 1999 s. 7)

        (iii)	any department of the Government; or

        (iv)	any undertaking by or of the Government.

(3)	For the avoidance of doubt, it is hereby declared that where a 
particular skill is commonly exercised in a different way for men and for 
women it shall not be a contravention of subsection (1) for a person who 
does not normally exercise it for women to insist on exercising it for a 
woman only in accordance with his normal practice or, if he reasonably 
considers it impracticable to do that in her case, to refuse or 
deliberately omit to exercise it.
(Enacted 1995)


SEX DISCRIMINATION ORDINANCE - SECT 29
Discrimination in disposal or management of premises VerDate:30/06/1997




(1)	It is unlawful for a person, in relation to premises in Hong 
Kong of which he has power to dispose, to discriminate against a woman-

        (a)	in the terms on which he offers her those premises;

        (b)	by refusing her application for those premises; or

        (c)	in his treatment of her in relation to any list of persons in 
need of premises of that description.

(2)	It is unlawful for a person, in relation to premises managed by 
him, to discriminate against a woman occupying the premises-

        (a)	in the way he affords her access to any benefits or facilities, 
or by refusing or deliberately omitting to afford her access to them; or

        (b)	by evicting her, or subjecting her to any other detriment.

(3)	Subsection (1) shall not apply to a person who owns an estate 
or interest in the premises and wholly occupies them unless he uses the 
services of an estate agent for the purposes of the disposal of the 
premises, or publishes or causes to be published an advertisement in 
connection with the disposal.

(4)	In this section in relation to premises, "power to dispose" (有權處
置) includes the power to sell, rent, let, sub-let or otherwise part with 
possession of those premises.
(Enacted 1995)

(4)	In this section in relation to premises, "power to dispose" (有權處
置) includes the power to sell, rent, let, sub-let or otherwise part with 
possession of those premises.


SEX DISCRIMINATION ORDINANCE - SECT 30
Discrimination: consent for assignment or sub-letting VerDate:30/06/1997




(1)	Where the licence or consent of the landlord or of any other 
person is required for the disposal to any person of premises in Hong Kong 
comprised in a tenancy, it is unlawful for the landlord or other person to 
discriminate against a woman by withholding the licence or consent for 
disposal of the premises to her.

(2)	Subsection (1) shall not apply if-

        (a)	the person withholding a licence or consent, or a near relative 
of his ("the relevant occupier") resides, and intends to continue to 
reside, on the premises;

        (b)	there is on the premises, in addition to the accommodation 
occupied by the relevant occupier, accommodation (not being storage 
accommodation or means of access) shared by the relevant occupier with 
other persons residing on the premises who are not members of his 
household; and

        (c)	the premises are small premises as construed in accordance with 
section 31(2).

(3)	For the avoidance of doubt, it is hereby declared that this 
section applies to tenancies created before the enactment of this 
Ordinance as well as to tenancies created on or after the enactment of 
this Ordinance.

(4)	In this section-
"disposal" (處置), in relation to premises comprised in a tenancy, includes 
assignment of the tenancy and sub-letting or parting with possession of 
the premises or any part of the premises;
"tenancy" (租賃) means a tenancy created-

        (a)	by a lease or sub-lease;

        (b)	by an agreement for a lease or sub-lease;

        (c)	by a tenancy agreement; or

        (d)	pursuant to any enactment.
(Enacted 1995)
"disposal" (處置), in relation to premises comprised in a tenancy, includes 
assignment of the tenancy and sub-letting or parting with possession of 
the premises or any part of the premises;
"tenancy" (租賃) means a tenancy created-

        (a)	by a lease or sub-lease;

        (b)	by an agreement for a lease or sub-lease;

        (c)	by a tenancy agreement; or

        (d)	pursuant to any enactment.


SEX DISCRIMINATION ORDINANCE - SECT 31
Exceptions for small dwellings VerDate:01/07/1997


Adaptation amendments retroactively made - see 66 of 1999 s. 3


(1)	Sections 28(1) and 29 shall not apply to the provision by a 
person of accommodation in any premises, or the disposal of premises by 
him, if-

        (a)	that person or a near relative of his ("the relevant occupier") 
resides, and intends to continue to reside, on the premises;

        (b)	there is on the premises, in addition to the accommodation 
occupied by the relevant occupier, accommodation (not being storage 
accommodation or means of access) shared by the relevant occupier with 
other persons residing on the premises who are not members of his 
household; and

        (c)	the premises are small premises.

(2)	Premises shall be treated for the purposes of subsection (1) as 
small premises if-

        (a)	in the case of premises comprising residential accommodation 
for one or more households (under separate letting or similar agreements) 
in addition to the accommodation occupied by the relevant occupier, there 
is not normally residential accommodation for more than 2 such households 
and only the relevant occupier and any member of his household reside in 
the accommodation occupied by him;

        (b)	in the case of premises not falling within paragraph (a), there 
is not normally residential accommodation on the premises for more than 6 
persons in addition to the relevant occupier and any members of his 
household.

(3)	The Chief Executive in Council may, by notice in the Gazette, 
amend subsection (2)(b) by substituting another number for the number 
appearing in that subsection.  (Amended 66 of 1999 s. 3)
(Enacted 1995)


SEX DISCRIMINATION ORDINANCE - SECT 32
Exceptions from section 28(1) for health and safety considerations VerDate:30/06/1997



Section 28(1) shall not be construed as rendering unlawful discrimination 
falling within section 8 if the discrimination is imposed in order to 
comply with health and safety considerations which are reasonable in the 
circumstances.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 33
Exceptions for voluntary bodies VerDate:30/06/1997




(1)	This section applies to a body the activities of which are 
carried on otherwise than for profit.

(2)	Sections 28(1) and 29 shall not be construed as rendering 
unlawful-

        (a)	the restriction of membership of any body to which this section 
applies to persons of one sex (disregarding any minor exceptions); or

        (b)	the provision of benefits, facilities or services to members of 
any body to which this section applies where the membership is so 
restricted,
even though membership of the body is open to the public, or to a section 
of the public.

(3)	Nothing in section 28 or 29 shall-

        (a)	be construed as affecting a provision to which this subsection 
applies; or

        (b)	render unlawful an act which is done in order to give effect to 
such a provision.

(4)	Subsection (3) applies to a provision for conferring benefits 
on persons of one sex only (disregarding any benefits to persons of the 
opposite sex which are exceptional or are relatively insignificant), being 
a provision which constitutes the main object of a body to which this 
section applies.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 34
Further exceptions from sections 28(1) and 29 VerDate:30/06/1997




(1)	A person who provides at any place facilities or services 
restricted to men does not for that reason contravene section 28(1) if-

        (a)	the place is, or is part of, a hospital, reception centre or 
other establishment for persons requiring special care, supervision or 
attention;

        (b)	the place is (permanently or for the time being) occupied or 
used for the purposes of an organized religion, and the facilities or 
services are restricted to men so as to comply with the doctrines of that 
religion or to avoid offending the religious susceptibilities of common to 
its followers; or

        (c)	the facilities or services are provided for, or are likely to 
be used by, 2 or more persons at the same time, and-

        (i)	the facilities or services are such, or those persons are such, 
that male users are likely to suffer serious embarrassment at the presence 
of a woman; or

        (ii)	the facilities or services are such that a user is likely to 
be in a state of undress and a male user might reasonably object to the 
presence of a female user.

(2)	A person who provides facilities or services restricted to men 
shall not for that reason contravene section 28(1) if the services or 
facilities are such that physical contact between the user and any other 
person is likely, and that other person might reasonably object if the 
user were a woman.

(3)	Sections 28(1) and 29 shall not apply-

        (a)	to discrimination which is rendered unlawful by any provision 
or Part of this Ordinance specified in column 1 of Schedule 4; or

        (b)	to discrimination which would be so unlawful but for any 
provision or Part of this Ordinance specified in column 2 of that Schedule.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 35
Discrimination in eligibility to vote for and to be elected or appointed to advisory bodies VerDate:01/10/2003



Advisory bodies


(1)	In this section, a reference to a relevant body means a public 
body, a public authority, a statutory advisory body, or a prescribed body.

(2)	In this section, a reference to a relevant position includes 
membership of a public body, a public authority, and a prescribed 
position, and the positions of Village Representative or member or 
office-holder of a Rural Committee within the meaning of the Heung Yee Kuk 
Ordinance (Cap 1097).

(3)	It is unlawful for a person to discriminate against another 
person in-

        (a)	determining the eligibility of a person to stand for election 
to a relevant body or relevant position, or to be selected for a relevant 
position;

        (b)	the terms or conditions on which a person is considered 
eligible to stand for election to a relevant body or relevant position, or 
to be selected for a relevant position;

        (c)	determining the eligibility of a person to vote in elections of 
members of a relevant body or the holder of a relevant position, or to 
take part in the selection of the holder of a relevant position;

        (d)	the terms or conditions on which a person is considered 
eligible to vote in elections of members of a relevant body or the holder 
of a relevant position, or to take part in the selection of the holder of 
a relevant position;

        (e)	considering whether a person should be appointed as a member of 
a relevant body, where some or all of the members of that body are 
appointed; or

        (f)	considering whether a person should be appointed to a relevant 
position, approved as a member of a relevant body or recognized as holding 
a relevant position.

(4)	This section shall have effect, notwithstanding the provisions 
of any Ordinance which provide that a person of a particular sex or 
marital status is not eligible to stand for election, or to be select for, 
a relevant body or position, or to vote in elections for or to take part 
in the selection of members of a relevant body or the holder of a relevant 
position.

(5)	Notwithstanding anything in the Heung Yee Kuk Ordinance (Cap 
1097) or in any other Ordinance, the Secretary for Home Affairs shall not-

        (a)	(Repealed 2 of 2003 s. 68)

        (b)	issue a certificate recognizing a body as a Rural Committee;

        (c)	approve a person as a Special or Co-opted Councillor,
where that person or body (or any of its members) has been elected or 
otherwise chosen by a procedure in which women have not been able to 
participate on equal terms with men, whether as candidates, nominees, 
electors or in some other relevant capacity.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 36
Discrimination by, or in relation to, barristers VerDate:30/06/1997



Barristers


(1)	It is unlawful for a barrister or barrister's clerk, in 
relation to any offer of a pupillage or tenancy, to discriminate against a 
woman-

        (a)	in the arrangements which are made for the purpose of 
determining to whom it should be offered;

        (b)	in respect of any terms on which it is offered; or

        (c)	by refusing, or deliberately omitting, to offer it to her.

(2)	It is unlawful for a barrister or barrister's clerk, in 
relation to a woman who is a pupil or tenant in the chambers concerned, to 
discriminate against her-

        (a)	in respect of any terms applicable to her as a pupil or tenant;

        (b)	in the opportunities for training, or gaining experience, which 
are afforded or denied to her;

        (c)	in the benefits, facilities or services which are afforded or 
denied to her; or

        (d)	by terminating her pupillage or by subjecting her to any 
pressure to leave the chambers or other detriment.

(3)	It is unlawful for any person, in relation to the giving, 
withholding or acceptance of instructions to a barrister, to discriminate 
against a woman.

(4)	In this section-
"barrister's clerk" (大律師書記) includes any person carrying out any of the 
functions of a barrister's clerk;
"pupil" (見習大律師), "pupillage" (見習職位), "tenancy" (租賃) and "tenant" (承租人) 
have the meanings commonly associated with their use in the context of a 
set of barristers' chambers.
(Enacted 1995)
"barrister's clerk" (大律師書記) includes any person carrying out any of the 
functions of a barrister's clerk;
"pupil" (見習大律師), "pupillage" (見習職位), "tenancy" (租賃) and "tenant" (承租人) 
have the meanings commonly associated with their use in the context of a 
set of barristers' chambers.


SEX DISCRIMINATION ORDINANCE - SECT 37
Discrimination by clubs VerDate:30/06/1997



Clubs


(1)	It is unlawful for a club, the committee of management of a 
club or a member of the committee of management of a club to discriminate 
against a woman who is not a member of the club-

        (a)	by refusing or failing to accept her application for 
membership; or

        (b)	in the terms or conditions on which the club is prepared to 
admit her to membership.

(2)	It is unlawful for a club, the committee of management of a 
club or a member of the committee of management of a club to discriminate 
against a woman who is a member of the club-

        (a)	in the terms or conditions of membership that are afforded to 
her;

        (b)	by refusing or failing to accept her application for a 
particular class or type of membership;

        (c)	by denying her access, or limiting her access, to any benefit, 
service or facility provided by the club;

        (d)	by depriving her of membership or varying the terms of 
membership; or

        (e)	by subjecting her to any other detriment.

(3)	Nothing in subsection (1)(b) or (2) renders it unlawful to 
discriminate against a woman if the discrimination occurs in relation to 
the use or enjoyment of any benefit provided by the club where-

        (a)	it is not practicable for the benefit to be used or enjoyed-

        (i)	simultaneously; or

        (ii)	to the same extent,
by both men and women; and

        (b)	either-

        (i)	the same, or an equivalent, benefit is provided for the use of 
men and women separately from each other; or

        (ii)	men and women are each entitled to a fair and reasonable 
proportion of use enjoyment of the benefit.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 38
Government VerDate:30/06/1997



Government


(1)	Subject to subsection (2), without prejudice to the operation 
of the other provisions of this Part in relation to the Government, it is 
unlawful for the Government to discriminate against a woman in the 
performance of its functions or the exercise of its powers.

(2)	Subsection (1) shall not render unlawful-

        (a)	as regards a woman not having the right to enter and remain in 
Hong Kong, any act done under any immigration legislation governing entry 
into, stay in and departure from Hong Kong; or

        (b)	any act done in relation to a woman if it was necessary for 
that act to be done in order to comply with a requirement of an existing 
statutory provision.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 39
Educational establishments VerDate:30/06/1997



Sexual harassment


(1)	It is unlawful for a person who is, or is a member of, the 
responsible body for an educational establishment to sexually harass a 
woman who is seeking to be, or who is, a student of the establishment.

(2)	It is unlawful for a person who is a member of the staff of an 
educational establishment to sexually harass a woman who is seeking to be, 
or who is, a student of the establishment.

(3)	It is unlawful for a person who is a student of an educational 
establishment to sexually harass a woman who is seeking to be, or who is, 
a student of the establishment.

(4)	It is unlawful for a person who is seeking to be, or who is, a 
student of an educational establishment to sexually harass a woman-

        (a)	who is, or is a member of, the responsible body for; or

        (b)	who is a member of the staff of,
the establishment.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 40
Other sexual harassment VerDate:30/06/1997




(1)	It is unlawful for a person to sexually harass a woman in the 
course of offering to provide, or providing, goods, facilities or services 
to her.

(2)	It is unlawful for a person, in relation to premises in Hong 
Kong of which he has power to dispose, to sexually harass a woman in the 
course of offering to provide, or providing, those premises to her.

(3)	It is unlawful for a person, in relation to premises managed by 
him, to sexually harass a woman occupying the premises.

(4)	Where the licence or consent of the landlord or of any other 
person is required for the disposal to any person of premises in Hong Kong 
comprised in a tenancy, it is unlawful for the landlord or other person to 
sexually harass a woman seeking the licence or consent for disposal of the 
premises to her.

(5)	Section 30(4) shall apply to subsection (4) as it applies to 
section 30.

(6)	It is unlawful for a barrister or barrister's clerk, in 
relation to any chambers, to sexually harass a woman-

        (a)	in the course of offering to provide to her pupillage or 
tenancy in the chambers; or

        (b)	who is a pupil or tenant in the chambers.

(7)	It is unlawful for any person, in the course of the giving, 
withholding or acceptance of instructions to a barrister, to sexually 
harass a woman who is a barrister.

(8)	Section 36(4) shall apply to subsections (6) and (7) as it 
applies to section 36.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 41
Extent of Part IV VerDate:30/06/1997



Extent


(1)	Section 28(1)-

        (a)	shall not apply to goods, facilities or services outside Hong 
Kong except as provided in subsections (2) and (3); and

        (b)	shall not apply to facilities by way of banking or insurance or 
for grants, loans, credit or finance, where the facilities are for a 
purpose to be carried out, or in connection with risks wholly or mainly 
arising, outside Hong Kong.

(2)	Section 28(1) applies to the provision of facilities for travel 
outside Hong Kong where the refusal or omission occurs in Hong Kong or on 
a ship, aircraft or dynamically supported craft referred to in subsection 

(3).

(3)	Section 28(1) applies on and in relation to-

        (a)	any ship registered in Hong Kong;

        (b)	any aircraft or dynamically supported craft registered in Hong 
Kong and operated by a person who has his principal place of business, or 
is ordinarily resident, in Hong Kong;

        (c)	any ship, aircraft or dynamically supported craft belonging to 
or possessed by the Government,
even if the ship, aircraft or dynamically supported craft is outside Hong 
Kong.

(4)	This section shall not render unlawful an act done in or over a 
place outside Hong Kong, or in or over that place's territorial waters, if 
any, for the purpose of complying with the laws of that place.

(5)	Section 25 shall not apply to benefits, facilities or services 
outside Hong Kong except-

        (a)	travel on a ship registered in Hong Kong;

        (b)	benefits, facilities or services provided on a ship so 
registered.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 42
Discriminatory practices VerDate:30/06/1997



PART V

OTHER UNLAWFUL ACTS


(1)	In this section "discriminatory practice" (­視性的做法) means the 
application of a requirement or condition which results in an act of 
discrimination which is unlawful by virtue of any provision of Part III or 
IV as read with section 5(1)(b), 7(1)(b) or 8(b) or which would be likely 
to result in such an act of discrimination if the persons to whom it is 
applied were not all of one sex.

(2)	A person acts in contravention of this section if and so long 
as-

        (a)	he applies a discriminatory practice; or

        (b)	he operates practices or other arrangements which in any 
circumstances would call for the application by him of a discriminatory 
practice.

(3)	Proceedings in respect of a contravention of this section shall 
be brought only by the Commission in accordance with the provisions of 
sections 77, 78, 79, 80 and 81.
(Enacted 1995)

(1)	In this section "discriminatory practice" (­視性的做法) means the 
application of a requirement or condition which results in an act of 
discrimination which is unlawful by virtue of any provision of Part III or 
IV as read with section 5(1)(b), 7(1)(b) or 8(b) or which would be likely 
to result in such an act of discrimination if the persons to whom it is 
applied were not all of one sex.


SEX DISCRIMINATION ORDINANCE - SECT 43
Discriminatory advertisements VerDate:30/06/1997




(1)	It is unlawful to publish or cause to be published an 
advertisement which indicates, or might reasonably be understood as 
indicating, an intention by a person to do any act which is or might be 
unlawful by virtue of Part III or IV.

(2)	Subsection (1) shall not apply to an advertisement if the 
intended act would not in fact be unlawful.

(3)	For the purposes of subsection (1), use of a job description 
which is sex specific shall be taken to indicate an intention to 
discriminate, unless the advertisement contains an indication to the 
contrary.

(4)	The publisher of an advertisement made unlawful by subsection 

(1) shall not be subject to any liability under that subsection in respect 
of the publication of the advertisement if he proves-

        (a)	that the advertisement was published in reliance on a statement 
made to him by the person who caused it to be published to the effect 
that, by reason of the operation of subsection (2), the publication would 
not be unlawful; and

        (b)	that it was reasonable for him to rely on the statement.

(5)	A person who knowingly or recklessly makes a statement of the 
kind referred to in subsection (4) which in a material respect is false or 
misleading commits an offence and is liable on conviction to a fine at 
level 4.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 44
Instructions to discriminate VerDate:30/06/1997



It is unlawful for a person-

        (a)	who has authority over another person; or

        (b)	in accordance with whose wishes that other person is accustomed 
to act,
to instruct him to do any act which is unlawful by virtue of Part III or 
IV, or procure or attempt to procure the doing by him of any such act.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 45
Pressure to discriminate VerDate:30/06/1997




(1)	It is unlawful to induce, or attempt to induce, a person to do 
any act which contravenes Part III or IV by-

        (a)	providing or offering to provide him with any benefit; or

        (b)	subjecting or threatening to subject him to any detriment.

(2)	An offer or threat is not prevented from falling within 
subsection (1) because it is not made directly to the person concerned, if 
it is made in such a way that he is likely to hear of it.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 46
Liability of employers and principals VerDate:30/06/1997




(1)	Anything done by a person in the course of his employment shall 
be treated for the purposes of this Ordinance as done by his employer as 
well as by him, whether or not it was done with the employer's knowledge 
or approval.

(2)	Anything done by a person as agent for another person with the 
authority (whether express or implied, and whether precedent or 
subsequent) of that other person shall be treated for the purposes of this 
Ordinance as done by that other person as well as by him.

(3)	In proceedings brought under this Ordinance against any person 
in respect of an act alleged to have been done by an employee of his it 
shall be a defence for that person to prove that he took such steps as 
were reasonably practicable to prevent the employee from doing that act, 
or from doing in the course of his employment acts of that description.

(4)	For the avoidance of doubt, it is hereby declared that this 
section shall not apply for the purposes of any criminal proceedings.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 47
Aiding unlawful acts VerDate:30/06/1997




(1)	A person who knowingly aids another person to do an act made 
unlawful by this Ordinance shall be treated for the purposes of this 
Ordinance as himself doing an unlawful act of the like description.

(2)	For the purposes of subsection (1), an employee or agent for 
whose act the employer or principal is liable under section 46 (or would 
be so liable but for section 46(3)) shall be deemed to aid the doing of 
the act by the employer or principal.

(3)	A person does not under this section knowingly aid another to 
do an unlawful act if-

        (a)	he acts in reliance on a statement made to him by that other 
person that, by reason of any provision of this Ordinance, the act which 
he aids would not be unlawful; and

        (b)	it is reasonable for him to rely on the statement.

(4)	A person who knowingly or recklessly makes a statement of the 
kind referred to in subsection (3)(a) which in a material respect is false 
or misleading commits an offence and is liable on conviction to a fine at 
level 4.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 48
Special measures VerDate:30/06/1997



PART VI

GENERAL EXCEPTIONS FROM PARTS III TO V

Nothing in Part III, IV or V shall render unlawful an act that is 
reasonably intended to-

        (a)	ensure that persons of a particular sex or marital status, or 
who are pregnant, have equal opportunities with other persons in 
circumstances in relation to which a provision is made by this Ordinance.

        (b)	afford persons of a particular sex or marital status, or who 
are pregnant, goods or access to services, facilities or opportunities to 
meet their special needs in relation to-

        (i)	employment, education, clubs or sport; or

        (ii)	the provision of premises, goods, services or facilities;

        (c)	afford persons of a particular sex or marital status, or who 
are pregnant, grants, benefits or programmes, whether direct or indirect, 
to meet their special needs in relation to-

        (i)	employment, education, clubs or sport; or

        (ii)	the provision of premises, goods, services or facilities.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 49
Charities VerDate:30/06/1997




(1)	Nothing in Part III, IV or V shall-

        (a)	be construed as affecting a provision to which this subsection 
applies; or

        (b)	render unlawful an act which is done in order to give effect to 
such a provision.

(2)	Subsection (1) applies to a provision for conferring benefits 
on persons of one sex only (disregarding any benefits to persons of the 
opposite sex which are exceptional or are relatively insignificant), being 
a provision which is contained in a charitable instrument.

(3)	In applying this section, account shall be taken of section 88 
of the Inland Revenue Ordinance (Cap 112).

(4)	In this section-
"charitable instrument" (慈善文書) means an enactment or other instrument so 
far as it relates to charitable purposes;
"charitable purposes" (慈善目的) means purposes which are exclusively 
charitable according to any enactment or rule of law.
(Enacted 1995)
"charitable instrument" (慈善文書) means an enactment or other instrument so 
far as it relates to charitable purposes;
"charitable purposes" (慈善目的) means purposes which are exclusively 
charitable according to any enactment or rule of law.


SEX DISCRIMINATION ORDINANCE - SECT 50
Sport, etc. VerDate:30/06/1997



Nothing in Part III, IV or V shall, in relation to any sport, game or 
other activity of a competitive nature where the physical strength, 
stamina or physique of the average woman puts her at a disadvantage to the 
average man, render unlawful any act related to the participation of a 
person as a competitor in events involving that activity which are 
confined to competitors of one sex.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 51
Insurance, etc. VerDate:30/06/1997



Nothing in Part III, IV or V shall render unlawful the treatment of a 
person in relation to any class of insurance business, or similar matter 
involving the assessment of risk, where the treatment-

        (a)	was effected by reference to actuarial or other data from a 
source on which it was reasonable to rely; and

        (b)	was reasonable having regard to the data and any other relevant 
factors.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 52
Communal accommodation VerDate:30/06/1997




(1)	In this section "communal accommodation" (公用住宿地方) means 
residential accommodation which includes dormitories or other shared 
sleeping accommodation which for reasons of privacy or decency should be 
used by men only, or by women only (but which may include some shared 
sleeping accommodation for men, and some for women, or some ordinary 
sleeping accommodation).

(2)	In this section "communal accommodation" (公用住宿地方) also includes 
residential accommodation all or part of which should be used by men only, 
or by women only, because of the nature of the sanitary facilities serving 
the accommodation.

(3)	Nothing in Part III or IV shall render unlawful sex 
discrimination in the admission of persons to communal accommodation if 
the accommodation is managed in a way which, given the exigencies of the 
situation, comes as near as may be to fair and equitable treatment of men 
and women.

(4)	In applying subsection (3) account shall be taken of-

        (a)	whether and how far it is reasonable to expect that the 
accommodation should be altered or extended, or that further alternative 
accommodation should be provided; and

        (b)	the frequency of the demand or need for use of the 
accommodation by men as compared with women.

(5)	Nothing in Part III or IV shall render unlawful sex 
discrimination against a woman, or against a man, in respect of the 
provision of any benefit, facility or service if -

        (a)	the benefit, facility or service cannot properly and 
effectively be provided except for those using communal accommodation; and

        (b)	in the relevant circumstances the woman or the man, as the case 
may be, could lawfully be refused the use of the accommodation by virtue 
of subsection (3).

(6)	Neither subsection (3) nor subsection (5) is a defence to an 
act of sex discrimination under Part III unless such arrangements as are 
reasonably practicable are made to compensate for the detriment caused by 
the discrimination; but in considering under subsection (5)(b) whether the 
use of communal accommodation could lawfully be refused (in a case based 
on Part III), it shall be assumed that the requirements of this subsection 
have been complied with in respect of subsection (3).

(7)	This section is without prejudice to the generality of section 
34(1)(c).
(Enacted 1995)
      (1) In this section "communal accommodation" (共用住宿地方) means 
 residential  accommodation  which   includes  dormitories  or  other  
shared 
 sleeping accommodation  which for reasons  of privacy  or decency  should 
be 
 used by  men only,  or by  women only  (but which  may include  some  
shared 
 sleeping  accommodation  for men,  and  some  for  women,  or some  
ordinary 
 sleeping accommodation). 
      (2) In this section "communal accommodation" (共用住宿地方) also 
 includes residential  accommodation all  or part  of which  should  be 
used 
 by men only,  or by  women  only,  because of  the nature  of the  
sanitary 
 facilities serving the accommodation. 


SEX DISCRIMINATION ORDINANCE - SECT 53
Discriminatory training by certain bodies VerDate:30/06/1997




(1)	Nothing in Part III, IV or V shall render unlawful any act done 
in relation to particular work by any person in, or in connection with-

        (a)	affording women only, or men only, access to facilities for 
training which would help to fit them for that work; or

        (b)	encouraging women only, or men only, to take advantage of 
opportunities for doing that work,
where it reasonably appears to that person that at any time within the 12 
months immediately preceding the doing of the act there were no persons of 
the sex concerned doing that work in Hong Kong, or the number of persons 
of that sex doing the work in Hong Kong was comparatively small.

(2)	Nothing in Part III, IV or V shall render unlawful any act done 
by any person in, or in connection with, affording persons access to 
facilities for training which would help to fit them for employment, where 
it reasonably appears to that person that those persons are in special 
need of training by reason of the period for which they have been 
discharging domestic or family responsibilities to the exclusion of 
regular full time employment.

(3)	For the avoidance of doubt, it is hereby declared that the 
discrimination in relation to which subsection (2) applies may result from 
confining the training to persons who have been discharging domestic or 
family responsibilities, or from the way persons are selected for 
training, or both.

(4)	This section shall not apply in relation to any discrimination 
which is rendered unlawful by section 11.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 54
Other discriminatory training, etc. VerDate:30/06/1997




(1)	Nothing in Part III, IV or V shall render unlawful any act done 
by an employer in relation to particular work in his employment, being an 
act done in, or in connection with -

        (a)	affording his female employees only, or his male employees 
only, access to facilities for training which would help to fit them for 
that work; or

        (b)	encouraging women only, or men only, to take advantage of 
opportunities for doing that work,
where at any time within the 12 months immediately preceding the doing of 
the act there were no persons of the sex concerned among those doing that 
work or the number of persons of that sex doing the work was comparatively 
small.

(2)	Nothing in section 16 shall render unlawful any act done by an 
organization to which that section applies in, or in connection with-

        (a)	affording female members of the organization only, or male 
members of the organization only, access to facilities for training which 
would help to fit them for holding a post of any kind in the organization; 
or

        (b)	encouraging female members only, or male members only, to take 
advantage of opportunities for holding such posts in the organization,
where at any time within the 12 months immediately preceding the doing of 
the act there were no persons of the sex concerned among persons holding 
such posts in the organization or the number of persons of that sex 
holding such posts was comparatively small.

(3)	Nothing in Part III, IV or V shall render unlawful any act done 
by an organization to which section 16 applies in, or in connection with, 
encouraging women only, or men only, to become members of the organization 
where at any time within the 12 months immediately preceding the doing of 
the act there were no persons of the sex concerned among those members or 
the number of persons of that sex among the members was comparatively 
small.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 55
Trade unions, etc.: elective bodies VerDate:30/06/1997




(1)	If an organization to which section 16 applies comprises a body 
the membership of which is wholly or mainly elected, nothing in that 
section shall render unlawful provision which ensures that a minimum 
number of persons of one sex are members of the body-

        (a)	by reserving seats on the body for persons of that sex; or

        (b)	by making extra seats on the body available (by election or 
co-option or otherwise) for persons of that sex on occasions when the 
number of persons of that sex in the other seats is below the minimum,
where in the opinion of the organization the provision is in the 
circumstances needed to secure a reasonable lower limit to the number of 
members of that sex serving on the body; and nothing in Part III, IV or V 
shall render unlawful any act done in order to give effect to such a 
provision.

(2)	This section shall not be taken as making lawful-

        (a)	discrimination in the arrangements for determining the persons 
entitled to vote in an election of members of the body, or otherwise to 
choose the persons to serve on the body; or

        (b)	discrimination in any arrangements concerning membership of the 
organization itself.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 56
Indirect access to benefits, etc. VerDate:30/06/1997




(1)	References in this Ordinance to the affording by any person of 
access to benefits, facilities or services are not limited to benefits, 
facilities or services provided by that person himself, but include any 
means by which it is in that person's power to facilitate access to 
benefits, facilities or services provided by any other person ("actual 
provider").

(2)	Where by any provision of this Ordinance the affording by any 
person of access to benefits, facilities or services in a discriminatory 
way is in certain circumstances prevented from being unlawful, the effect 
of the provision shall extend also to the liability under this Ordinance 
of any actual provider.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 56A
Double benefits for married persons VerDate:30/06/1997




(1)	For avoidance of doubt, it is hereby declared that nothing in 
Part III, IV or V renders it unlawful for a person to refuse or omit to 
provide a benefit or allowance relating to housing, education, 
air-conditioning, passage or baggage to a married person if the married 
person's spouse receives or has received the same or a similar benefit or 
allowance, whether from the first-mentioned person or from another.

(2)	In this section-
"allowance" (津貼) includes part of an allowance;
"benefit" (福利) includes part of a benefit.
(Added 71 of 1997 s. 5)
"allowance" (津貼) includes part of an allowance;
"benefit" (福利) includes part of a benefit.


SEX DISCRIMINATION ORDINANCE - SECT 56B
Reproductive technology VerDate:01/08/2007




(1)	Nothing in Part IV or V renders unlawful any discrimination 
between persons of different marital status arising from the provision of 
any reproductive technology procedure.

(2)	In this section, "reproductive technology procedure" (生殖科技程序) 
has the meaning assigned to it by section 2(1) of the Human Reproductive 
Technology Ordinance (Cap 561).  (Replaced 47 of 2000 s. 48)
(Added 71 of 1997 s. 5)
 "reproductive technology procedure" (生殖科技程序)


SEX DISCRIMINATION ORDINANCE - SECT 56C
Adoption VerDate:30/06/1997



Nothing in Part III, IV or V renders unlawful any discrimination between 
persons of different marital status arising from the provision of any 
facilities or services relating to the adoption of any infant within the 
meaning of section 2 of the Adoption Ordinance (Cap 290).
(Added 71 of 1997 s. 5)



SEX DISCRIMINATION ORDINANCE - SECT 57
Acts done for purposes of protection of women VerDate:30/06/1997




(1)	Nothing in-

        (a)	the provisions of Part III;

        (b)	the provisions of Part IV so far as it applies to vocational 
training; or

        (c)	the provisions of Part V so far as it has effect in relation to 
any of the provisions referred to in paragraph (a) or (b),
shall render unlawful any act done by a person in relation to a woman if-

        (i)	it was necessary for that person to do it in order to comply 
with a requirement of an existing statutory provision concerning the 
protection of women; or

        (ii)	it was necessary for that person to do it in order to comply 
with a requirement of a provision specified in Schedule 3 and it was done 
by that person for the purpose of the protection of the woman concerned 

        (or of any class of women that included that woman).

(2)	In subsection (1)-

        (a)	the reference in paragraph (i) of that subsection to an 
existing statutory provision concerning the protection of women is a 
reference to any such provision having effect for the purpose of 
protecting women as regards-

        (i)	pregnancy or maternity; or

        (ii)	other circumstances giving rise to risks specifically 
affecting women,
whether the provision relates only to such protection or to the protection 
of any other class of persons as well;

        (b)	the reference in paragraph (ii) of that subsection to the 
protection of a particular woman or class of women is a reference to the 
protection of that woman or those women as regards any circumstances 
falling within paragraph (a)(i) or (ii).

(3)	Subject to subsection (4), the provisions of section 12(2)(g), 
subsections (1)(ii) and (2)(b) and Schedule 3 shall expire on the 2nd 
anniversary of the day on which this Ordinance is enacted.  (Amended L.N. 
305 of 1996)

(4)	Prior to the expiry of the provisions referred to in subsection 

(3), the Legislative Council may, by resolution, amend that subsection to 
extend those provisions for a period of one year.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 58
Acts done under statutory authority to be exempt from certain provisions of Part IV VerDate:30/06/1997




(1)	Nothing in-

        (a)	the relevant provisions of Part IV; or

        (b)	Part V so far as it has effect in relation to those provisions,
shall render unlawful any act done by a person if it was necessary for 
that person to do it in order to comply with a requirement of an existing 
statutory provision.

(2)	In subsection (1), "the relevant provisions of Part IV" (第IV部的有關
條文) means the provisions of Part IV except so far as they apply to 
vocational training or sexual harassment.
(Enacted 1995)
      (2) In subsection (1),  "the relevant provisions of Part IV" (第IV部的有關
條文) means the provisions of Part IV except so far as they apply to 
 vocational training or sexual harassment. 
                                                     (Enacted  1995) 
  


SEX DISCRIMINATION ORDINANCE - SECT 59
Acts safeguarding security of Hong Kong VerDate:01/07/1997





(1)	Nothing in Part III, IV or V shall render unlawful an act done 
for the purpose of safeguarding the security of Hong Kong.

(2)	A certificate purporting to be signed by or on behalf of the 
Chief Secretary for Administration and certifying that an act specified in 
the certificate was done for the purpose of safeguarding the security of 
Hong Kong shall be conclusive evidence that it was done for that purpose.  
(Amended L.N. 362 of 1997)

(3)	A document purporting to be a certificate referred to in 
subsection (2) shall be received in evidence and, in the absence of 
evidence to the contrary, shall be deemed to be such a certificate.

(4)	Subsections (2) and (3) shall not have effect in relation to 
the determination of the question whether any act is rendered unlawful by-

        (a)	Part III;

        (b)	Part IV so far as it applies to vocational training; or

        (c)	Part V as read with-

        (i)	Part III; or

        (ii)	Part IV so far as it applies to vocational training.
(Enacted 1995)


SEX DISCRIMINATION ORDINANCE - SECT 60
Construction of references to vocational training VerDate:30/06/1997



In sections 57 and 58, "vocational training" (職­訓練) includes-

        (a)	retraining; and

        (b)	vocational guidance.
(Enacted 1995)
In sections 57 and 58, "vocational training" (職­訓練) includes-

        (a)	retraining; and

        (b)	vocational guidance.


SEX DISCRIMINATION ORDINANCE - SECT 61
Application to New Territories land VerDate:30/06/1997



Nothing in Part IV or V shall-

        (a)	be construed as affecting the operation of any of the 
provisions of-

        (i)	the New Territories Ordinance (Cap 97); or

        (ii)	the New Territories Leases (Extension) Ordinance (Cap 150); or

        (b)	render unlawful any act done by any person in, or in connection 
with, the operation of any of those provisions.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 62
Further exceptions VerDate:30/06/1997




(1)	No provision or Part of this Ordinance specified in column 1 of 
Part 2 of Schedule 5 shall render unlawful any discrimination specified 
opposite thereto in column 2 of that Part.

(2)	Nothing in Part III, IV or V shall render unlawful any act done 
by any person-

        (a)	in connection with any discrimination which is not unlawful by 
virtue of the operation of subsection (1); and

        (b)	to the extent that it is done for the purposes of that 
discrimination.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 63
Establishment of Commission VerDate:01/07/1997


Adaptation amendments retroactively made - see 66 of 1999 s. 3

PART VII

EQUAL OPPORTUNITIES COMMISSION

General


(1)	There is hereby established a body corporate to be called the 
Equal Opportunities Commission.

(2)	The Commission shall have perpetual succession and a common 
seal and shall be capable of suing and being sued.

(3)	The Chief Executive shall appoint to be members of the 
Commission-  (Amended 66 of 1999 s. 3)

        (a)	a Chairperson; and

        (b)	not less than 4 or more than 16 other members,
each being an individual who is not a public officer.

(4)	The members of the Commission shall form its governing body 
with authority, in the name of the Commission, to perform the functions 
and exercise the powers of the Commission.

(5)	The members of the Commission may be appointed on a full-time 
or part-time basis as the Chief Executive thinks fit except that the 
Chairperson shall be appointed on a full-time basis.  (Amended 66 of 1999 
s. 3)

(6)	The relevant provisions of Schedule 6 shall have effect with 
respect to the Commission and its members.

(7)	The Commission shall not be regarded as a servant or agent of 
the Government or as enjoying any status, immunity or privilege of the 
Government.

(8)	Part VII of the Interpretation and General Clauses Ordinance 
(Cap 1) shall apply to the Commission and appointments to the Commission 
except in so far as that Part is inconsistent with the provisions of this 
Ordinance.

(9)	Every appointment under subsection (3) shall be notified in the 
Gazette.

(10)	The Chief Executive in Council may, by notice in the Gazette, 
amend subsection (3)(b) by substituting another number for any number 
appearing in that subsection.  (Amended 66 of 1999 s. 3)
(Enacted 1995)


SEX DISCRIMINATION ORDINANCE - SECT 64
Functions and powers of Commission VerDate:01/07/1997


Adaptation amendments retroactively made - see 66 of 1999 s. 3

(1)	The Commission shall-

        (a)	work towards the elimination of discrimination;

        (b)	promote equality of opportunity between men and women generally;

        (c)	work towards the elimination of sexual harassment;

        (d)	in the case of any act alleged to be unlawful by virtue of this 
Ordinance, encourage persons who are concerned with the matter to which 
the act relates to effect a settlement of the matter by conciliation, 
whether under section 84 or otherwise;

        (e)	keep under review the working of this Ordinance and, when it is 
so required by the Chief Executive or otherwise thinks it necessary, draw 
up and submit to the Chief Executive proposals for amending this 
Ordinance; and  (Amended 66 of 1999 s. 3)

        (f)	perform such other functions as are imposed on it under this 
Ordinance or any other enactment.

(2)	The Commission may do all such things as are necessary for, or 
incidental or conducive to, the better performance of its functions and in 
particular but without prejudice to the generality of the foregoing, may-

        (a)	establish such committees as it thinks fit;

        (b)	acquire and hold property of any description if in the opinion 
of the Commission such property is necessary for-

        (i)	the accommodation of the Commission or of any committee; or

        (ii)	the performance of any function which the Commission may 
perform,
and, subject to the terms and conditions upon which such property is held, 
dispose of it;

        (c)	enter into, carry out, assign or accept the assignment of, vary 
or rescind, any contract, agreement or other obligation;

        (d)	employ such persons as it thinks fit to carry out any matter 
relating to the performance of its functions or the exercise of its powers;

        (e)	without prejudice to the generality of paragraph (d), engage 
the services of such persons as it thinks fit to carry out any matter 
relating to the performance of its functions or the exercise of its powers 
under section 84;

        (f)	engage the services of such technical and professional advisers 
as it thinks fit to advise the Commission on any matter relating to the 
performance of its functions or the exercise of its powers;

        (g)	undertake and execute any lawful trust which has as an object 
the furtherance of any function which the Commission is required or is 
permitted by this Ordinance to perform or any other similar object;

        (h)	accept and solicit gifts and donations, whether subject to any 
trust or not;

        (i)	with the prior approval of the Chief Executive, become a member 
of or affiliate to any international body concerned with (whether in whole 
or in part) the elimination of discrimination;  (Amended 66 of 1999 s. 3)

        (j)	exercise such other powers as are conferred on it under this 
Ordinance or any other enactment.

(3)	The relevant provisions of Schedule 6 shall have effect with 
respect to a committee and its members.

(4)	Part VII of the Interpretation and General Clauses Ordinance 
(Cap 1) shall apply to a committee and appointments to the committee 
except in so far as that Part is inconsistent with the provisions of this 
Ordinance.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 65
Research and education VerDate:01/07/2007


For the saving and transitional provisions relating to the amendments made 
by the Resolution of the Legislative Council (L.N. 130 of 2007), see 
paragraph (12) of that Resolution.

(1)	The Commission may undertake or assist (financially or 
otherwise) the undertaking by other persons of any research, and any 
educational activities, which appear to the Commission necessary or 
expedient for the performance of its functions.

(2)	The Commission may impose reasonable charges for educational or 
other facilities or services made available by it.

(3)	The Commission shall not provide any financial assistance under 
subsection (1) except with the prior approval of the Secretary for 
Constitutional and Mainland Affairs given, after consulting with the 
Secretary for Financial Services and the Treasury, generally or in any 
particular case.  (Amended L.N. 106 of 2002; L.N. 130 of 2007)
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 66
Review of Schedules 3 and 5 VerDate:01/07/1997


Adaptation amendments retroactively made - see 66 of 1999 s. 3


(1)	Without prejudice to the generality of section 64(1), the 
Commission, pursuant to its functions under paragraphs (a) and (b) of that 
section, shall keep Schedules 3 and 5 under review.

(2)	Whenever the Commission thinks it necessary, it shall draw up 
and submit to the Chief Executive proposals for-  (Amended 66 of 1999 s. 3)

        (a)	amending the provisions specified in Schedule 3;

        (b)	amending Schedule 5.
(Enacted 1995)


SEX DISCRIMINATION ORDINANCE - SECT 67
Delegations VerDate:30/06/1997




(1)	Subject to subsection (2), the Commission may, with or without 
restrictions as it thinks fit, delegate in writing any of its functions or 
powers to-

        (a)	any member of the Commission;

        (b)	any committee;

        (c)	any employee of the Commission;

        (d)	any conciliator.

(2)	The Commission shall not delegate any of its functions or 
powers under-

        (a)	subsection (1) or section 64(2)(a) or 88;

        (b)	any provisions of any regulations made under section 89 which 
are specified in the regulations as provisions which shall not be subject 
to subsection (1);

        (c)	any provisions of any rules made under section 88 which are 
specified in the rules as provisions which shall not be subject to 
subsection (1);

        (d)	any provisions of Schedule 6 which are specified in that 
Schedule as provisions which shall not be subject to subsection (1).

(3)	A delegate of the Commission-

        (a)	shall perform the delegated functions and may exercise the 
delegated powers as if the delegate were the Commission; and

        (b)	shall be presumed to be acting in accordance with the relevant 
delegation in the absence of evidence to the contrary.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 68
Protection of members of Commission, etc. VerDate:30/06/1997




(1)	No person to whom this subsection applies, acting in good 
faith, shall be personally liable in damages for any act done or default 
made in the performance or purported performance of any function, or the 
exercise or purported exercise of any power, imposed or conferred on the 
Commission under this Ordinance.

(2)	The protection conferred under subsection (1) on any person to 
whom that subsection applies in respect of any act or default shall not in 
any way affect the liability of the Commission for that act or default.

(3)	The persons to whom subsection (1) applies are-

        (a)	any member of the Commission or a committee;

        (b)	any employee of the Commission;

        (c)	any conciliator.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 69
Codes of practice VerDate:03/05/2002



Codes of practice


(1)	The Commission may issue codes of practice containing such 
practical guidance as it thinks fit for the purposes of-

        (a)	the elimination of discrimination;

        (b)	the promotion of equality of opportunity between men and women 
generally;

        (c)	the elimination of sexual harassment.

(2)	When the Commission proposes to issue a code of practice, it 
shall prepare and publish (otherwise than in the Gazette) the code, shall 
consider any representations made to it about the code and may modify the 
code accordingly.

(3)	In the course of preparing any code of practice for eventual 
publication under subsection (2), the Commission shall, where the code 
relates (whether in whole or in part) to the elimination of discrimination 
in the field of employment, consult with-

        (a)	such organizations or associations of organizations 
representative of employers or of workers; and

        (b)	such other organizations, or bodies,
as appear to the Commission to be appropriate.

(4)	If the Commission determines to proceed with a code of practice 
published under subsection (2), it shall cause the code to be-

        (a)	published in the Gazette; and

        (b)	laid on the table of the Legislative Council at the next 
sitting after its publication in the Gazette.

(5)	Where a code of practice has been laid on the table of the 
Legislative Council under subsection (4), the Legislative Council may, by 
resolution passed at a sitting of the Legislative Council held before the 
expiration of a period of 28 days after the sitting at which it was so 
laid, provide that the code of practice shall be amended in any manner 
consistent with this section.

(6)	If the period referred to in subsection (5) would but for this 
subsection expire-

        (a)	after the end of a session of the Legislative Council or a 
dissolution thereof; but

        (b)	on or before the day of the second sitting of the Legislative 
Council in the next following session thereof,
that period shall be deemed to extend to and expire on the day after that 
second sitting.

(7)	Before the expiration of the period referred to in subsection 

(5) or that period as extended by virtue of subsection (6), the 
Legislative Council may by resolution in relation to a code of practice 
specified therein-

        (a)	in the case of the period referred to in subsection (5), extend 
that period to the first sitting of the Legislative Council held not 
earlier than the twenty-first day after the day of its expiration;

        (b)	in the case where the period referred to in subsection (5) has 
been extended by virtue of subsection (6), extend that period as so 
extended to the first sitting of the Legislative Council held not earlier 
than the twenty-first day after the day of the second sitting in that next 
following session.  (Replaced 8 of 2002 s. 18)

(8)	A resolution passed by the Legislative Council in accordance 
with this section shall be published in the Gazette not later than 14 days 
after the passing thereof or within such further period as the Chief 
Executive may allow in any particular case.  (Amended 66 of 1999 s. 3)

(9)	A code of practice issued under this section shall come into 
operation-

        (a)	in the case where before the expiration of the period referred 
to in subsection (5), or before the expiration of that period as extended 
under subsection (6) or (7), the Legislative Council does not pass a 
resolution amending the code of practice, upon the expiration of that 
period, or upon the expiration of that period as so extended, as the case 
may be; and

        (b)	in the case where the Legislative Council passes a resolution 
amending the code of practice, upon the expiration of the day next 
preceding the day of the publication in the Gazette of such resolution 
under subsection (8).

(10)	A code of practice issued under this section may contain such 
transitional provisions or savings as appear to the Commission to be 
necessary or expedient in connection with the matters the subject of the 
code.

(11)	The Commission may from time to time revise the whole or any 
part of a code of practice issued under this section and issue that 
revised code, and subsections (2) to (10) shall apply (with appropriate 
modifications) to such a revised code as they apply to the first issue of 
a code.

(12)	Without prejudice to the generality of subsection (1), a code 
of practice issued under this section may include such practical guidance 
as the Commission thinks fit as to what steps it is reasonably practicable 
for employers to take for the purpose of preventing their employees from 
doing in the course of their employment acts made unlawful by this 
Ordinance.

(13)	Without prejudice to the generality of subsection (1), a code 
of practice issued under this section, in so far as it relates to the 
elimination of discrimination between men and women as regards terms of 
employment, may-

        (a)	make reference to any of the provisions of any enactment 

        (howsoever described) of any place outside Hong Kong where such enactment 
relates (whether in whole or in part) to the elimination of such 
discrimination;

        (b)	incorporate any of those provisions;

        (c)	both make reference to and incorporate any of those provisions,
as the Commission thinks fit and subject to such modifications, if any, to 
those provisions as the Commission thinks fit and specified in the code.

(14)	A failure on the part of any person to observe any provision 
of a code of practice shall not of itself render him liable to any 
proceedings; but in any proceedings under this Ordinance before any court 
any code of practice issued under this section shall be admissible in 
evidence, and if any provision of such a code appears to the court to be 
relevant to any question arising in the proceedings it shall be taken into 
account in determining that question.

(15)	In this section, "sitting" (會­), when used to calculate time, 
means the day on which the sitting commences and only includes a sitting 
at which subsidiary legislation is included on the order paper.
"sitting" (會­)


SEX DISCRIMINATION ORDINANCE - SECT 70
Power to conduct formal investigations VerDate:01/07/1997



Investigations

Without prejudice to the generality of section 64(1), the Commission may 
if it thinks fit, and shall if required by the Chief Secretary for 
Administration, conduct a formal investigation for any purpose connected 
with the carrying out of any of its functions under that section.
(Enacted 1995. Amended L.N. 362 of 1997)



SEX DISCRIMINATION ORDINANCE - SECT 71
Terms of reference VerDate:01/07/1997





(1)	The Commission shall not embark on a formal investigation 
unless the requirements of this section have been complied with.

(2)	Terms of reference for the formal investigation shall be drawn 
up by the Commission or, if the Commission was required by the Chief 
Secretary for Administration to conduct the investigation, by the Chief 
Secretary for Administration after consulting the Commission.  (Amended 
L.N. 362 of 1997)

(3)	It shall be the duty of the Commission to give general notice 
of the holding of the formal investigation unless the terms of reference 
confine it to activities of persons named in them, but in such a case the 
Commission shall in the prescribed manner give those persons notice of the 
holding of the investigation.

(4)	Where the terms of reference of the formal investigation 
confine it to activities of persons named in them and the Commission in 
the course of it proposes to investigate any act made unlawful by this 
Ordinance which it believes that a person so named may have done, the 
Commission shall-

        (a)	inform that person of its belief and of its proposal to 
investigate the act; and

        (b)	offer him an opportunity of making oral or written 
representations with regard to it (or both oral and written 
representations if he thinks fit),
and a person so named who avails himself of an opportunity under this 
subsection of making oral representations may be represented-

        (i)	by counsel or a solicitor; or

        (ii)	by some other person of his choice, not being a person to whom 
the Commission objects on the ground that he is unsuitable.

(5)	The Commission or, if the Commission was required by the Chief 
Secretary for Administration to conduct the formal investigation, the 
Chief Secretary for Administration after consulting the Commission may 
from time to time revise the terms of reference; and subsections (1), (3) 
and (4) shall apply to the revised investigation and terms of reference as 
they applied to the original.  (Amended L.N. 362 of 1997)
(Enacted 1995)


SEX DISCRIMINATION ORDINANCE - SECT 72
Power to obtain information VerDate:01/07/1997


Adaptation amendments retroactively made - see 25 of 1998 s. 2

(1)	For the purposes of a formal investigation the Commission, by a 
notice in the prescribed form served on him in the prescribed manner-

        (a)	may require any person to furnish such written information as 
may be described in the notice, and may specify the time at which, and the 
manner and form in which, the information is to be furnished;

        (b)	may require any person to attend at such time and place as is 
specified in the notice and give oral information about, and produce all 
documents in his possession or control relating to, any matter specified 
in the notice.

(2)	Except as provided by section 79, a notice shall be served 
under subsection (1) only where-

        (a)	service of the notice was authorized in writing by or on behalf 
of the Chief Secretary for Administration; or  (Amended L.N. 362 of 1997)

        (b)	the terms of reference of the formal investigation state that 
the Commission believes that a person named in them may have done or may 
be doing acts of all or any of the following descriptions-

        (i)	unlawful discriminatory acts;

        (ii)	unlawful acts of sexual harassment;

        (iii)	contraventions of section 42;

        (iv)	contraventions of section 43, 44 or 45,
and confine the investigation to those acts.

(3)	A notice under subsection (1) shall not require a person-

        (a)	to give information, or produce any documents, which he could 
not be compelled to give in evidence, or produce, in civil proceedings 
before the Court of First Instance; or  (Amended 25 of 1998 s. 2)

        (b)	to attend at any place unless the necessary expenses of his 
journey to and from that place are paid or tendered to him.

(4)	If a person fails to comply with a notice served on him under 
subsection (1) or the Commission has reasonable cause to believe that he 
intends not to comply with it, the Commission may apply to the District 
Court for an order requiring him to comply with it or with such directions 
for the like purpose as may be contained in the order; and section 66A of 
the District Court Ordinance (Cap 336) shall apply to failure without 
reasonable excuse to comply with any such order as it applies in the cases 
there provided.

(5)	A person commits an offence if he-

        (a)	wilfully alters, suppresses, conceals or destroys a document 
which he has been required by a notice or order under this section to 
produce; or

        (b)	in complying with such a notice or order, knowingly or 
recklessly makes any statement which in a material respect is false or 
misleading,
and is liable on conviction to a fine at level 4.



SEX DISCRIMINATION ORDINANCE - SECT 73
Recommendations and reports on formal investigations VerDate:01/07/1997




(1)	If in the light of any of its findings in a formal 
investigation it appears to the Commission necessary or expedient, whether 
during the course of the investigation or after its conclusion-

        (a)	to make to any persons, with a view to promoting equality of 
opportunity between men and women who are affected by any of their 
activities, recommendations for changes in their policies or procedures, 
or as to any other matters; or

        (b)	to make to the Chief Secretary for Administration any 
recommendations, whether for changes in the law or otherwise,  (Amended 
L.N. 362 of 1997)
the Commission shall make those recommendations accordingly.

(2)	The Commission shall prepare a report of its findings in any 
formal investigation conducted by it.

(3)	If the formal investigation is one required by the Chief 
Secretary for Administration-

        (a)	the Commission shall deliver the report to the Chief Secretary 
for Administration; and

        (b)	the Chief Secretary for Administration shall cause the report 
to be published in such manner as he thinks fit,
and unless required by the Chief Secretary for Administration the 
Commission shall not publish the report.  (Amended L.N. 362 of 1997)

(4)	If the formal investigation is not one required by the Chief 
Secretary for Administration, the Commission shall publish the report or 
make it available for inspection in accordance with subsection (5).  
(Amended L.N. 362 of 1997)

(5)	Where under subsection (4) a report is to be made available for 
inspection, any person shall be entitled, on payment of such reasonable 
fee, if any, as may be determined by the Commission-

        (a)	to inspect the report during ordinary office hours and take 
copies of all or any part of the report; or

        (b)	to obtain from the Commission a copy, certified by the 
Commission to be correct, of the report.

(6)	The Commission may if it thinks fit determine that the right 
conferred by subsection (5)(a) shall be exercisable in relation to a copy 
of the report instead of, or in addition to, the original.

(7)	The Commission shall give general notice of the place or places 
where, and the times when, reports may be inspected under subsection (5).
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 74
Restrictions on disclosure of information VerDate:30/06/1997




(1)	No information given to the Commission by any person ("the 
informant") in connection with a formal investigation shall be disclosed 
by the Commission, any member of the Commission or a committee, any 
employee of the Commission, any conciliator, or any person who has been 
such a member, employee or conciliator, except-

        (a)	on the order of any court;

        (b)	with the informant's consent;

        (c)	in the form of a summary or other general statement published 
by the Commission which does not identify the informant or any other 
person to whom the information relates;

        (d)	in a report of the investigation published by the Commission or 
made available for inspection under section 73(5);

        (e)	to members of the Commission or a committee, employees of the 
Commission or conciliators or, so far as may be necessary for the proper 
performance of the functions of the Commission, to other persons;

        (f)	for the purpose of any civil proceedings under this Ordinance 
to which the Commission is a party, or any criminal proceedings.

(2)	Any person who discloses information in contravention of 
subsection (1) commits an offence and is liable on conviction to a fine at 
level 4.

(3)	In preparing any report for publication or for inspection the 
Commission shall exclude, so far as is consistent with its functions and 
the object of the report, any matter which relates to the private affairs 
of any individual or business interests of any person where the 
publication of that matter might, in the opinion of the Commission, 
prejudicially affect that individual or person.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 75
Restrictions of proceedings for contravention of Ordinance VerDate:30/06/1997



PART VIII

ENFORCEMENT

General


(1)	Except as provided by this Ordinance no proceedings, whether 
civil or criminal, shall lie against any person in respect of an act by 
reason that the act is unlawful by virtue of a provision of this Ordinance.

(2)	Subsection (1) shall not preclude the making of an order of 
certiorari, mandamus or prohibition.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 76
Claims under Part III or IV VerDate:03/10/2008




(1)	A claim by any person ("the claimant") that another person 
("the respondent")-

        (a)	has committed an act of discrimination against the claimant 
which is unlawful by virtue of Part III or IV;

        (b)	(Repealed 29 of 2008 s. 95)

        (c)	has committed an act of sexual harassment against the claimant 
which is unlawful by virtue of Part III or IV; or   (Amended 29 of 2008 s. 
95)

        (d)	is to be treated, by virtue of section 46 or 47, as having 
committed an act of discrimination or sexual harassment referred to in 
paragraph (a) or (c) against the claimant,  (Added 29 of 2008 s. 95)
may be made the subject of civil proceedings in like manner as any other 
claim in tort.

(2)	Subsection (1) shall not apply to a claim under section 17(1) 
of an act in respect of which an appeal, or proceedings in the nature of 
an appeal, may be brought under any enactment.

(3)	Proceedings under subsection (1) shall be brought in the 
District Court but all such remedies shall be obtainable in such 
proceedings as, apart from this subsection and section 75(1), would be 
obtainable in the Court of First Instance.  (Amended 25 of 1998 s. 2)

(3A)	Without limiting the generality of the power conferred by 
subsection (3), the District Court may-

        (a)	make a declaration that the respondent has engaged in conduct, 
or committed an act, that is unlawful under this Ordinance, and order that 
the respondent shall not repeat or continue such unlawful conduct or act;

        (b)	order that the respondent shall perform any reasonable act or 
course of conduct to redress any loss or damage suffered by the claimant;

        (c)	order that the respondent shall employ or re-employ the 
claimant;

        (d)	order that the respondent shall promote the claimant;

        (e)	order that the respondent pay to the claimant damages by way of 
compensation for any loss or damage suffered by reason of the respondent's 
conduct or act;

        (f)	order that the respondent shall pay to the claimant punitive or 
exemplary damages; or

        (g)	make an order declaring void in whole or part and either ab 
initio or from such date as may be specified in the order, any contract or 
agreement made in contravention of this Ordinance.  (Added 71 of 1997 s. 7)

(4)	By virtue of this subsection and notwithstanding any law, the 
District Court shall have jurisdiction to hear and determine any 
proceedings under subsection (1) and shall have all such powers as are 
necessary or expedient for it to have in order to provide, grant or make 
any remedy, injunction or order mentioned in this Ordinance.  (Replaced 71 
of 1997 s. 6)

(5)	In respect of an unlawful act of discrimination falling within 
section 5(1)(b), 7(1)(b) or 8(b), no award of damages shall be made if the 
respondent proves that the requirement or condition concerned was not 
applied with the intention of treating the claimant unfavourably on the 
ground of the claimant's sex, marital status or pregnancy, as the case may 
be.

(6)	For the avoidance of doubt, it is hereby declared that damages 
in respect of an unlawful act of discrimination or sexual harassment may 
include compensation for injury to feelings whether or not they include 
compensation under any other head.

(7)-(8)	(Repealed 71 of 1997 s. 6)



SEX DISCRIMINATION ORDINANCE - SECT 77
Issue of enforcement notices VerDate:30/06/1997



Enforcement notices


(1)	This section applies to any act which is-

        (a)	an unlawful discriminatory act;

        (b)	an unlawful act of sexual harassment;

        (c)	a contravention of section 42; or

        (d)	a contravention of section 43, 44 or 45,
and so applies whether or not proceedings have been brought in respect of 
the act.

(2)	If in the course of a formal investigation the Commission 
becomes satisfied that a person is committing, or has committed, any acts 
to which this section applies, the Commission may in the prescribed manner 
serve on him a notice in the prescribed form requiring him-

        (a)	not to commit any such acts (which may include discontinuing or 
changing any of his practices or other arrangements which occasioned those 
acts, in particular to avoid any repetition thereof); and

        (b)	where compliance with paragraph (a) involves changes in any of 
his practices or other arrangements-

        (i)	to inform the Commission that he has effected those changes and 
what those changes are; and

        (ii)	to take such steps as may be reasonably required by the notice 
for the purpose of affording that information to other persons concerned.

(3)	An enforcement notice may also require the person on whom it is 
served to furnish the Commission with such other information as may be 
reasonably required by the notice in order to verify that the notice has 
been complied with.

(4)	An enforcement notice may specify the time at which, and the 
manner and form in which, any information is to be furnished to the 
Commission, but the time at which any information is to be furnished in 
compliance with the notice shall not be later than 5 years after the 
notice has become final.

(5)	Section 72(4) shall apply to requirements under subsections 

(2)(b), (3) and (4) contained in an enforcement notice which has become 
final as it applies to requirements in a notice served under section 72(1).
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 78
Appeal against enforcement notice VerDate:30/06/1997




(1)	Not later than 45 days after an enforcment notice is served on 
any person he may appeal against any requirement of the notice to the 
District Court.

(2)	Where the District Court considers a requirement in respect of 
which an appeal is brought under subsection (1) to be unreasonable because 
it is based on an incorrect finding of fact or for any other reason, the 
Court shall quash the requirement.

(3)	On quashing a requirement under subsection (2), the District 
Court may direct that the enforcement notice shall be treated as if, in 
place of the requirement quashed, it had contained a requirement in terms 
specified in the direction.

(4)	Subsection (1) shall not apply to a requirement treated as 
included in an enforcement notice by virtue of a direction under 
subsection (3).
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 79
Investigation as to compliance with enforcement notice VerDate:01/07/1997




(1)	If-

        (a)	the terms of reference of a formal investigation state that its 
purpose is to determine whether any requirements of an enforcement notice 
are being or have been carried out, but section 72(2)(b) does not apply; 
and

        (b)	section 71(3) is complied with in relation to the investigation 
on a date ("the commencement date") not later than the expiration of the 
period of 5 years beginning when the enforcement notice became final,
the Commission may within the relevant period serve notices under section 
72(1) for the purposes of the investigation without needing to obtain the 
consent of the Chief Secretary for Administration.  (Amended L.N. 362 of 
1997)

(2)	In subsection (1), "relevant period" (有關期間) means the period 
beginning on the commencement date and ending on the later of the 
following dates-

        (a)	the date on which the period of 5 years referred to in 
subsection (1)(b) expires;

        (b)	the date 2 years after the commencement date.
(Enacted 1995)

(2)	In subsection (1), "relevant period" (有關期間) means the period 
beginning on the commencement date and ending on the later of the 
following dates-

        (a)	the date on which the period of 5 years referred to in 
subsection (1)(b) expires;

        (b)	the date 2 years after the commencement date.


SEX DISCRIMINATION ORDINANCE - SECT 80
Register of enforcement notices VerDate:30/06/1997




(1)	The Commission shall establish and maintain a register ("the 
register") of enforcement notices which have become final.

(2)	Any person shall be entitled, on payment of such reasonable 
fee, if any, as may be determined by the Commission-

        (a)	to inspect the register during ordinary office hours and take 
copies of any entry; or

        (b)	to obtain from the Commission a copy, certified by the 
Commission to be correct, of any entry in the register.

(3)	The Commission may, if it thinks fit, determine that the right 
conferred by subsection (2)(a) shall be exercisable in relation to a copy 
of the register instead of, or in addition to, the original.

(4)	The Commission shall give general notice of the place or places 
where, and the times when, the register or a copy of it may be inspected.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 81
Persistent discrimination or sexual harassment VerDate:30/06/1997



Other enforcement by Commission

If, during the period of 5 years beginning on the date on which either of 
the following became final in the case of any person, namely-

        (a)	an enforcement notice served on him;

        (b)	a finding by the District Court under section 76 that he has 
done an unlawful discriminatory act or unlawful act of sexual harassment,
it appears to the Commission that unless restrained he is likely to do one 
or more acts falling within paragraph (b), or contravening section 42, the 
Commission may apply to the District Court for an injunction restraining 
him from doing so; and the District Court, if satisfied that the 
application is well-founded, may grant the injunction in the terms applied 
for or in more limited terms.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 82
Enforcement of sections 43, 44 and 45 VerDate:30/06/1997




(1)	Proceedings in respect of a contravention of section 43, 44 or 
45 shall be brought only by the Commission in accordance with the 
provisions of this section.

(2)	The proceedings shall be-

        (a)	an application for a decision whether the alleged contravention 
occurred; or

        (b)	an application under subsection (4),
or both.

(3)	An application under subsection (2)(a) shall be made to the 
District Court.

(4)	If it appears to the Commission-

        (a)	that a person has done an act which by virtue of section 43, 44 
or 45 was unlawful; and

        (b)	that unless restrained he is likely to do further acts which by 
virtue of that section are unlawful,
the Commission may apply to the District Court for an injunction 
restraining him from doing so; and the District Court, if satisfied that 
the application is well-founded, may grant the injunction in the terms 
applied for or in more limited terms.

(5)	Without prejudice to subsection (4), if it appears to the 
Commission that a person has done an act which was unlawful by virtue of 
section 43, the Commission may apply to the District Court for an order 
imposing a financial penalty on such person; and the District Court, if 
satisfied that the application is well-founded, may make such an order.

(6)	The financial penalty imposed under subsection (5) shall not 
exceed $10000 for the first occasion on which a penalty is imposed, and 
$30000 for the second and any subsequent occasion on which a penalty is 
imposed in respect of the same person.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 83
Help for aggrieved persons in obtaining information, etc. VerDate:30/06/1997



Help for persons suffering discrimination
or sexual harassment


(1)	With a view to helping a person ("the person aggrieved") who 
considers he may have been discriminated against or sexually harassed in 
contravention of this Ordinance to decide whether to institute proceedings 
and, if he does so, to formulate and present his case in the most 
effective manner, the Commission may prescribe-

        (a)	forms by which the person aggrieved may question the respondent 
on his reasons for doing any relevant act, or on any other matter which is 
or may be relevant;

        (b)	forms by which the respondent may if he so wishes reply to any 
questions.

(2)	Where the person aggrieved questions the respondent (whether or 
not in accordance with forms referred to in subsection (1))-

        (a)	the question, and any reply by the respondent (whether or not 
in accordance with such a form) shall, subject to subsections (3), (4) and 

(5), be admissible as evidence in the proceedings;

        (b)	if it appears to the District Court that the respondent 
deliberately, and without reasonable excuse, omitted to reply within a 
reasonable period or that his reply is evasive or equivocal, the Court may 
draw any inference from that fact it considers it just and equitable to 
draw, including an inference that he committed an unlawful act.

(3)	The Commission may-

        (a)	prescribe the period within which questions must be served in 
order to be admissible under subsection (2)(a);

        (b)	prescribe the manner in which a question, and any reply by the 
respondent, may be served.

(4)	Rules under the District Court Ordinance (Cap 336) may enable 
the District Court entertaining a claim under section 76 to determine, 
before the date fixed for the hearing of the claim, whether a question or 
reply is admissible under this section or not.

(5)	This section is without prejudice to any other enactment or 
rule of law regulating interlocutory and preliminary matters in 
proceedings before the District Court, and has effect subject to any 
enactment or rule of law regulating the admissibility of evidence in such 
proceedings.

(6)	In this section, "respondent" (­辯人) includes a prospective 
respondent.
(Enacted 1995)
      (6) In this section,  "respondent"  (­辯人)  includes a prospective 
 respondent. 
                                                     (Enacted  1995) 
  


SEX DISCRIMINATION ORDINANCE - SECT 84
Assistance by way of conciliation VerDate:30/06/1997




(1)	A person may lodge with the Commission a complaint in writing 
alleging that another person has done an act which is unlawful by virtue 
of a provision of this Ordinance.

(2)	A representative complaint may be lodged under subsection (1) 
in accordance with rules made under section 88.

(3)	Subject to subsection (4), where a complaint is lodged under 
subsection (1), the Commission shall-

        (a)	conduct an investigation into the act the subject of the 
complaint; and

        (b)	endeavour, by conciliation, to effect a settlement of the 
matter to which the act relates.

(4)	The Commission may decide not to conduct, or to discontinue, an 
investigation into an act the subject of a complaint lodged under 
subsection (1) if-

        (a)	it is satisfied that the act is not unlawful by reason of a 
provision of this Ordinance;

        (b)	it is of the opinion that the person aggrieved by the act does 
not desire (or, in a case to which subsection (2) applies, none of the 
persons aggrieved by the act desires) that the investigation be conducted 
or continued;

        (c)	a period of more than 12 months has elapsed beginning when the 
act was done;

        (d)	in a case to which subsection (2) applies, it determines, in 
accordance with rules made under section 88, that the complaint should not 
be a representative complaint; or

        (e)	it is of the opinion that the complaint is frivolous, 
vexatious, misconceived or lacking in substance.

(5)	Where the Commission decides not to conduct, or to discontinue, 
an investigation into an act the subject of a complaint lodged under 
subsection (1), it shall by notice served on the person who lodged the 
complaint advise him of-

        (a)	that decision; and

        (b)	the reasons for that decision.

(6)	Evidence of anything said or done by any person in the course 
of conciliation under this section (including anything said or done at any 
conference held for the purposes of such conciliation) is not admissible 
in evidence in any proceedings under this Ordinance except with the 
consent of that person.

(7)	For the avoidance of doubt, it is hereby declared that 
subsection (6) shall not apply where-

        (a)	a complaint is lodged under subsection (1); and

        (b)	a settlement has been effected of the matter to which the act 
the subject of the complaint relates.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 85
Assistance other than by way of conciliation VerDate:30/06/1997




(1)	Where a complaint has been lodged under section 84(1) but, for 
whatever reason, there has not been a settlement of the matter to which 
the act the subject of the complaint relates, then any person who may 
institute proceedings under this Ordinance in respect of that act may make 
an application to the Commission for assistance in respect of those 
proceedings.

(2)	The Commission shall consider an application under subsection 

(1) and may grant it if it thinks fit to do so, in particular where-

        (a)	the case raises a question of principle; or

        (b)	it is unreasonable, having regard to the complexity of the case 
or the applicant's position in relation to the respondent or another 
person involved or any other matter, to expect the applicant to deal with 
the case unaided.

(3)	Assistance by the Commission under this section may include-

        (a)	giving advice;

        (b)	arranging for the giving of advice or assistance by a solicitor 
or counsel;

        (c)	arranging for representation by any person including all such 
assistance as is usually given by a solicitor or counsel in the steps 
preliminary or incidental to any proceedings, or in arriving at or giving 
effect to a compromise to avoid or bring to an end any proceedings;

        (d)	any other form of assistance which the Commission may consider 
appropriate,
but paragraph (c) shall not affect the law and practice regulating the 
descriptions of persons who may appear in, conduct, defend and address a 
court in, any proceedings except to the extent permitted under rules made 
in accordance with section 73B of the District Court Ordinance (Cap 336).

(4)	In so far as expenses are incurred by the Commission in 
providing the applicant with assistance under this section the recovery of 
those expenses (as taxed or assessed in such manner as may be prescribed 
by relevant rules) shall constitute a first charge for the benefit of the 
Commission-

        (a)	on any costs or expenses which (whether by virtue of a judgment 
or order of the District Court or an agreement or otherwise) are payable 
to the applicant by any other person in respect of the matter in 
connection with which the assistance is given; and

        (b)	so far as relates to any costs or expenses, on his rights under 
any compromise or settlement arrived at in connection with that matter to 
avoid or bring to an end any proceedings.

(5)	The charge conferred by subsection (4) shall be subject to any 
charge under the Legal Aid Ordinance (Cap 91) and to any provision in that 
Ordinance for payment of any sum into the Supplementary Legal Aid Fund 
established under that Ordinance.

(6)	In this section-
"relevant rules" (有關規則) means any rules made under the District Court 
Ordinance (Cap 336);
"respondent" (­辯人) includes a prospective respondent.
(Enacted 1995)
"relevant rules" (有關規則) 
"respondent" (­辯人)


SEX DISCRIMINATION ORDINANCE - SECT 86
Period within which proceedings to be brought VerDate:03/10/2008



Period within which proceedings to be brought


(1)	The District Court shall not consider a claim under section 76 
unless proceedings in respect of the claim are instituted before the end 
of the period of 24 months beginning-

        (a)	when the act complained of was done; or

        (b)	if there is a relevant report in relation to that act, with the 
day on which the report is published or made available for inspection 
under section 73,
whichever is the later.

(2)	The District Court shall not consider an application under-

        (a)	section 82(2)(a) unless it is made before the end of the period 
of 24 months beginning when the act to which it relates was done;

        (b)	section 82(4) unless it is made before the end of the period of 
5 years so beginning.

(2A)	For the purposes of determining the period under subsection 

(1) within which proceedings may be brought, where an act to which the 
claim relates was the subject of a complaint lodged under section 84(1), 
then the period that elapsed between the date when the complaint was 
lodged and the date when the complaint was disposed of under section 84(3) 
or (4), as certified in writing by the Commission, shall be disregarded. 
(Added 71 of 1997 s. 8. Amended 29 of 2008 s. 96)

(3)	Notwithstanding subsections (1) and (2), the District Court may 
consider any claim or application which is out of time if, in all the 
circumstances of the case, it considers that it is just and equitable to 
do so.

(4)	For the purposes of subsection (3), the circumstances of the 
case include, in relation to any claim, whether the act to which the claim 
relates was the subject of a complaint lodged under section 84(1) and, if 
so, the period that elapsed between when the act was done and when that 
complaint was so lodged.

(5)	For the purposes of this section-

        (a)	where the inclusion of any term in a contract renders the 
making of the contract an unlawful act, that act shall be treated as 
extending throughout the duration of the contract;

        (b)	any act extending over a period shall be treated as done at the 
end of that period; and

        (c)	a deliberate omission shall be treated as done when the person 
concerned decided upon it,
and, in the absence of evidence to the contrary, a person shall be taken 
for the purposes of this section to decide upon an omission when he does 
an act inconsistent with doing the omitted act or, if he has done no such 
inconsistent act, when the period expires within which he might reasonably 
have been expected to do the omitted act if it was to be done.

(6)	The Chief Executive in Council may, by notice in the Gazette, 
amend subsection (1) by substituting a longer period for any period 
specified in that subsection.  (Amended 66 of 1999 s. 3)

(7)	In this section, "relevant report" (有關 告), in relation to an 
act referred to in subsection (1), means a report-

        (a)	published or made available for inspection under section 73; and

        (b)	from which it can reasonably be construed (and whether or not 
the report mentions, or was in any way prepared in consequence of, the 
act) that the Commission is of the opinion that the act, or the class of 
acts to which the act belongs, is unlawful under a provision of Part III, 
IV or V.
(Enacted 1995)
"relevant report" (有關 告), in relation to an act referred to in subsection 

(1), means a report-

        (a)	published or made available for inspection under section 73; and

        (b)	from which it can reasonably be construed (and whether or not 
the report mentions, or was in any way prepared in consequence of, the 
act) that the Commission is of the opinion that the act, or the class of 
acts to which the act belongs, is unlawful under a provision of Part III, 
IV or V.


SEX DISCRIMINATION ORDINANCE - SECT 87
Validity and revision of contracts VerDate:30/06/1997



PART IX

MISCELLANEOUS


(1)	A term of a contract is void where-

        (a)	its inclusion renders the making of the contract unlawful by 
virtue of this Ordinance;

        (b)	it is included in furtherance of an act rendered unlawful by 
this Ordinance; or

        (c)	it provides for the doing of an act which would be rendered 
unlawful by this Ordinance.

(2)	Subsection (1) shall not apply to a term the inclusion of which 
constitutes, or is in furtherance of, or provides for, unlawful 
discrimination against a party to the contract, but the term shall be 
unenforceable against that party.

(3)	A term in a contract which purports to exclude or limit any 
provision of this Ordinance is unenforceable by any person in whose favour 
the term would operate apart from this subsection.

(4)	Subsection (3) shall not apply to a contract settling a claim 
to which section 76 applies.

(5)	On the application of any person interested in a contract to 
which subsection (2) applies, the District Court may make such order as it 
thinks just for removing or modifying any term made unenforceable by that 
subsection; but such an order shall not be made unless all persons 
affected have been given notice of the application (except where under 
rules made under the District Court Ordinance (Cap 336) notice may be 
dispensed with) and have been afforded an opportunity to make 
representations to the Court.

(6)	An order under subsection (5) may include provision as respects 
any period before the making of the order.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 88
Rules VerDate:30/06/1997




(1)	The Commission may make rules-

        (a)	prescribing the persons, or persons belonging to a class of 
persons, who may lodge a representative complaint under section 84(1);

        (b)	prescribing the bodies and positions for the purposes of 
section 35;

        (c)	prescribing the matters to be taken into account by the 
Commission for the purposes of a determination under section 84(4)(d);

        (d)	to enable the Commission to require such persons, or persons 
belonging to such class of persons, as are specified in the rules to 
furnish information to the Commission for the purposes of section 84;

        (e)	restricting the disclosure of any information referred to in 
paragraph (d) furnished to the Commission;

        (f)	to enable the Commission to direct persons to attend any 
conference held for the purposes of section 84;

        (g)	regulating the procedure of any conference held for the 
purposes of section 84;

        (h)	prescribing any other thing that is required or permitted to be 
prescribed under this Ordinance.

(2)	Any rules made under subsection (1) may-

        (a)	make different provisions for different circumstances and 
provide for a particular case or class of cases;

        (b)	be made so as to apply only in such circumstances as are 
prescribed by the rules;

        (c)	specify forms for the purposes of the rules;

        (d)	be made generally for the better or more effectual carrying out 
of the provisions of this Ordinance, including incidental, consequential, 
evidential and supplemental provisions.

(3)	Any rules made under this section may prescribe offences in 
respect of contraventions of the rules, and may provide for the imposition 
of a fine not exceeding level 4 and of imprisonment for a period not 
exceeding 2 years.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 89
Regulations to empower Commission to bring certain proceedings VerDate:01/07/2007


For the saving and transitional provisions relating to the amendments made 
by the Resolution of the Legislative Council (L.N. 130 of 2007), see 
paragraph (12) of that Resolution.

(1)	The Secretary for Constitutional and Mainland Affairs may make 
regulations-  (Amended L.N. 130 of 2007)

        (a)	where any person may bring proceedings under section 76(1) but 
has not done so, empowering the Commission, in such circumstances as are 
specified in the regulations, to bring and maintain those proceedings as 
if the Commission were that person;

        (b)	specifying which of the remedies referred to in section 76(3) 
shall be obtainable by the Commission in any such proceedings;

        (c)	for the purposes of enabling the Commission to bring and 
maintain any such proceedings (including any related purposes), specifying 
modifications to which any provisions of this Ordinance (including any 
subsidiary legislation) shall be read.

(2)	Any regulations made under this section shall be subject to the 
approval of the Legislative Council.

(3)	This section is without prejudice to the Commission's power to 
bring proceedings by way of judicial review, in relation to this Ordinance 
or any other law, pursuant to its functions under section 64(1).  (Added 
71 of 1997 s. 9)
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 90
Amendment of Schedules VerDate:01/07/1997


Adaptation amendments retroactively made - see 66 of 1999 s. 3

(1)	The Chief Executive in Council may, by notice in the Gazette, 
amend Schedule 1, 3, 4 or 5 but any notice to amend Schedule 5 shall be 
subject to the approval of the Legislative Council.  (Amended 71 of 1997 
s. 10; 66 of 1999 s. 3)

(2)	The Legislative Council may, by resolution, amend Schedule 6.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SECT 91
Transitional provisions VerDate:30/06/1997




(1)	The provisions of Schedule 7 shall have effect as transitional 
provisions for the purposes of this Ordinance.

(2)	(Omitted as spent)
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SCHEDULE 1
EDUCATIONAL ESTABLISHMENTS AND THEIR RESPONSIBLE BODIES VerDate:01/07/2007


For the saving and transitional provisions relating to the amendments made 
by the Resolution of the Legislative Council (L.N. 130 of 2007), see 
paragraph (12) of that Resolution.
[sections 2(1) & 90]

	Educational establishment	Responsible body
1.	The University of Hong Kong established by the University of Hong Kong 
Ordinance (Cap 1053)
		The Court, the Council, the Senate or the Convocation, within the meaning 
of section 2 of the University of Hong Kong Ordinance (Cap 1053), 
according to which of them has the function concerned
2.	The Chinese University of Hong Kong established by The Chinese 
University of Hong Kong Ordinance (Cap 1109)	The Council, the Senate, the 
Convocation, the Faculties, the School of Studies or the Board of Studies, 
within the meaning of section 2 of The Chinese University of Hong Kong 
Ordinance (Cap 1109), according to which of them has the function concerned
3.	The Hong Kong Polytechnic established by the Hong Kong Polytechnic 
Ordinance (Cap 1075)	The Council of the Hong Kong Polytechnic established under 
section 5 of the Hong Kong Polytechnic Ordinance (Cap 1075)
4.	Any post secondary college registered under the Post Secondary Colleges 
Ordinance (Cap 320)	The Board of Governors (or Board of Trustees where no Board 
of Governors exists) or the College Council, according to which of them 
has the function concerned
5.	Any technical college or technical institute defined in section 2 of the 
Vocational Training Council Ordinance (Cap 1130)	The Vocational Training Council 
established by section 4 of the Vocational Training Council Ordinance (Cap 
1130)
6.	Any industrial training centre or skills centre defined in section 2 of 
the Vocational Training Council Ordinance (Cap 1130)	The Vocational Training 
Council established by section 4 of the Vocational Training Council 
Ordinance (Cap 1130)
7.	The Hong Kong Baptist College established by the Hong Kong Baptist 
College Ordinance (Cap 1126)	The Board of Governors or the Council, within the 
meaning of section 2 of the Hong Kong Baptist College Ordinance (Cap 
1126), according to which of them has the function concerned
8.	The City Polytechnic of Hong Kong established by the City Polytechnic of 
Hong Kong Ordinance (Cap 1132)	The Council or the Academic Board, within the 
meaning of section 2 of the City Polytechnic of Hong Kong Ordinance (Cap 
1132), according to which of them has the function concerned
9.	The Hong Kong Academy for Performing Arts established by The Hong Kong 
Academy for Performing Arts Ordinance (Cap 1135)	The Council or the Academic 
Board, within the meaning of section 2 of The Hong Kong Academy for 
Performing Arts Ordinance (Cap 1135), according to which of them has the 
function concerned
10.	The Hong Kong University of Science and Technology established by The 
Hong Kong University of Science and Technology Ordinance (Cap 1141)	The Court, 
the Council, the Senate or the Convocation, within the meaning of section 
2 of The Hong Kong University of Science and Technology Ordinance (Cap 
1141), according to which of them has the function concerned
11.	The Open University of Hong Kong established by The Open University of 
Hong Kong Ordinance (Cap 1145)	The Council or the Senate, within the meaning of 
section 2 of The Open University of Hong Kong Ordinance (Cap 1145), 
according to which of them has the function concerned  (Replaced 50 of 
1997 s. 29)
12.	Lingnan University established by the Lingnan University Ordinance (Cap 
1165)	The Court, the Council or the Senate, within the meaning of section 2 of 
the Lingnan University Ordinance (Cap 1165), according to which of them 
has the function concerned  (Replaced 54 of 1999 s. 33)
13.	The Hong Kong Institute of Education established by The Hong Kong 
Institute of Education Ordinance (Cap 444)	The Council or the Academic Board, 
within the meaning of section 2 of The Hong Kong Institute of Education 
Ordinance (Cap 444), according to which of them has the function concerned
14.	Any school which is registered or provisionally registered under the 
Education Ordinance (Cap 279)	The management committee, within the meaning of 
section 3 of the Education Ordinance (Cap 279), of the school
15.	Any school, within the meaning of section 3 of the Education Ordinance 
(Cap 279), entirely maintained and controlled by the Government	The Permanent 
Secretary for Education  (Amended 3 of 2003 s. 41; L.N. 130 of 2007)
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SCHEDULE 2
(Repealed 71 of 1997 s. 11) VerDate:30/06/1997







SEX DISCRIMINATION ORDINANCE - SCHEDULE 3
PROVISIONS SPECIFIED FOR PURPOSES OF SECTION 12(2)(g) VerDate:30/06/1997



[sections 12, 57,
66 & 90]

1.	Regulations 4, 5, 6, 8, 10, 11, 13 and 14 of the Women and Young 
Persons (Industry) Regulations (Cap 57 sub. leg.).

2.	Regulation 25 of the Factories and Industrial Undertakings 
Regulations (Cap 59 sub. leg. A).

3.	Regulation 46 of the Construction Sites (Safety) Regulations 
(Cap 59 sub. leg. I).

4.	Regulation 29 of the Dutiable Commodities (Liquor) Regulations 
(Cap 109 sub. leg. B).
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SCHEDULE 4
DISCRIMINATION TO WHICH SECTIONS 28(1) AND 29 SHALL NOT APPLY VerDate:30/06/1997



[sections 34(3) & 90]

Provision creating
illegality	Exception
Part III	Sections 11(3), 12(1)(b), 19(3) and 22
	Sections 1 and 2 of Schedule 7
Section 25	Sections 26 and 27
	Section 3 of Schedule 7
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SCHEDULE 5
FURTHER EXCEPTIONS TO THIS ORDINANCE VerDate:01/08/2007



[sections 62, 66 & 90]

PART 1

INTERPRETATION

1.	Interpretation

In this Schedule-
"allowance" (津貼) includes part of an allowance;
"benefit" (利益) includes part of a benefit;
"indigenous villager" (原居村民) means indigenous villager within the meaning 
of section 2 of the Government Rent (Assessment and Collection) Ordinance 
(Cap 515);  (Amended 53 of 1997 s. 60)
"relevant office" (有關職位) means any office (howsoever described) of-

        (a)	the police force;  (Amended 58 of 1999 s. 9)

        (b)	the Hong Kong Auxiliary Police Force within the meaning of the 
Hong Kong Auxiliary Police Force Ordinance (Cap 233);  (Amended L.N. 362 
of 1997; 76 of 1999 s. 3)

        (c)	the Immigration Service within the meaning of the Immigration 
Service Ordinance (Cap 331);

        (d)	the Fire Services Department within the meaning of the Fire 
Services Ordinance (Cap 95);

        (e)	the Correctional Services Department within the meaning of the 
Prisons Ordinance (Cap 234);

        (f)	the Customs and Excise Service within the meaning of the 
Customs and Excise Service Ordinance (Cap 342);
"reproductive technology procedure" (生殖科技程序) has the meaning assigned to 
it by section 2 of the Human Reproductive Technology Ordinance (Cap 561).  
(Replaced 47 of 2000 s. 48)


PART 2

EXCEPTIONS


	Provision creating
	illegality	Exception
1.	Parts III, IV and V	Any discrimination between men and women seeking to 
hold, or holding, any relevant office-
		(a) as to requirements relating  to height, uniform, weight or equipment;
		(b) so far as there is a difference between the total number of persons of 
each sex recruited to, or holding, any such office or class of such office;
		(c) so far as any such office or class of such office which falls within 
that part of the police force  known as the Police Tactical Unit is 
reserved for men;
		(d) so far as training in the use of weapons is concerned  where any such 
office or class of such office falls within paragraph (a), (b), (e) or (f) 
of the definition of "relevant office".
2.	Part IV	Any discrimination between men and women arising from that policy 
of the Government-
		(a) known as the small house policy; and
		(b) pursuant to which  benefits relating to land in the New Territories 
are granted to indigenous villagers who are men.
3.	Parts III, IV and V	Any discrimination between  persons of different 
marital status (but excluding any discrimination against a person who is 
not single as compared with a person who is single) arising from a 
provision-
		(a) of-
		(i) the Civil Service Regulations;
		(ii) any contract of service or apprenticeship; or 
		(iii) any contract personally to execute any work; and
		(b) relating to-
		(i) housing;
		(ii) education;
		(iii) air-conditioning;
		(iv) passage; or
		(v) baggage,
		benefits or allowances.
4.	Parts IV and V	Any discrimination between persons of different marital 
status arising from the provision of any reproductive technology procedure.
5.	Parts III, IV and V	Any discrimination between persons of different 
marital status arising from the provision of any facilities or services  
relating to the adoption of any infant  within the  meaning of section 2 
of the Adoption Ordinance (Cap 290).
6.	Parts IV and V	Any discrimination between persons of different marital 
status arising from the public housing scheme known as the Home Ownership 
Scheme or Private Sector Participation Scheme.
7.	Parts III, IV and V	Any discrimination between men and women arising from-
		(a) section 2(5)(a) of the Surviving Spouses' and Children's Pensions 
Ordinance (Cap 79);
		(b) section 18(1A) of the Pensions Ordinance (Cap 89);
		(c) section 19 of the Widows and Orphans Pension Ordinance (Cap 94);
		(d) section 19(4) of the Pension Benefits Ordinance (Cap 99); or
		(e) section 20(4) of the Pension Benefits (Judicial Officers) Ordinance 
(Cap 401);
8.	Parts III, IV and V	Any discrimination between persons of different 
marital status arising from the proviso to regulation 4(1) of the Royal 
Hong Kong Auxiliary Police Force (Pensions) Regulations* (Cap 233 sub. 
leg.).
(Enacted 1995)
_______________________________________________________________________
Note:
* These Regulations were repealed by s. 13 of 20 of 1997.
"allowance" (津貼) 
"benefit" (利益)
"indigenous villager" (原居村民)
"relevant office" (有關職位)
"reproductive technology procedure" (生殖科技程序) 


SEX DISCRIMINATION ORDINANCE - SCHEDULE 6
PROVISIONS WITH RESPECT TO THE COMMISSION AND COMMITTEES AND THEIR MEMBERS VerDate:01/07/2007


For the saving and transitional provisions relating to the amendments made 
by the Resolution of the Legislative Council (L.N. 130 of 2007), see 
paragraph (12) of that Resolution.
[sections 63, 64, 67 & 90]

Members and procedure of Commission

1.	Terms and conditions of appointment
of Chairperson, etc.


(1)	Subject to subsection (2), the Chief Executive shall determine 
the remuneration and the terms and conditions of appointment of the 
Chairperson.  (Amended 66 of 1999 s. 3)

(2)	The Chairperson shall not, without the specific approval of the 
Chief Executive-  (Amended 66 of 1999 s. 3)

        (a)	hold any office of profit other than his office as Chairperson; 
or

        (b)	engage in any occupation for reward outside the functions of 
his office.

(3)	This section shall apply to any other member of the Commission 
who is appointed on a full-time basis as it applies to the Chairperson.

2.	Terms of appointment of members of Commission


(1)	Subject to sections 1 and 5 and subsection (2), a member of the 
Commission shall hold and vacate his office in accordance with the terms 
of his appointment and shall, on ceasing to be a member, be eligible for 
reappointment.

(2)	A member of the Commission shall be appointed for a term not 
exceeding 5 years.

(3)	A member of the Commission may at any time by notice in writing 
to the Chief Executive resign his office.  (Amended 66 of 1999 s. 3)

3.	Members of Commission to disclose interests
in respect of certain contracts


(1)	A member of the Commission who is in any way directly or 
indirectly interested in a contract made or proposed to be made by-

        (a)	the Commission;

        (b)	a committee; or

        (c)	an employee or agent of the Commission,
shall disclose the nature of his interest at a meeting of the Commission.

(2)	The Commission shall record the disclosure in the minutes of 
the meeting of the Commission.

(3)	A member who has an interest in a contract referred to in 
subsection (1)-

        (a)	shall not without the permission of the Chairperson or other 
member presiding take any part in any deliberation of the Commission with 
respect to that contract; and

        (b)	shall not in any event vote on any matter concerning it.

(4)	For the purposes of subsection (1), a member may give a notice 
in writing at a meeting of the Commission to the effect that he is a 
member of a company or firm and is to be regarded as interested in any 
contract which may, after the date of the notice, be made with the company 
or firm and the notice shall be regarded as a sufficient disclosure of his 
interest in relation to any contract so made or proposed to be so made.

(5)	A member of the Commission need not attend in person at a 
meeting of the Commission to make a disclosure which he is required to 
make under this section if he takes reasonable steps to secure that the 
disclosure is made by a notice in writing which is brought up and read at 
the meeting.

4.	Fees and allowances payable to members of
Commission

The Commission may pay its members such fees and allowances as the 
Secretary for Constitutional and Mainland Affairs, after consulting with 
the Secretary for Financial Services and the Treasury, determines.
(Amended L.N. 106 of 2002; L.N. 130 of 2007)

5.	Chief Executive may in certain circumstances declare
office of member of Commission to be vacant

If the Chief Executive is satisfied that a member of the Commission-

        (a)	has been absent from 3 consecutive meetings of the Commission 
without the permission of the Commission;

        (b)	has become bankrupt or made an arrangement with his creditors;

        (c)	is incapacitated by physical or mental illness; or

        (d)	is otherwise unable or unfit to discharge the functions of a 
member,
the Chief Executive may declare his office as a member of the Commission 
to be vacant, and shall notify the fact in such manner as the Chief 
Executive thinks fit; and upon such declaration the office shall become 
vacant.
(Amended 66 of 1999 s. 3)

6.	Quorum of Commission, etc.


(1)	The quorum of the Commission shall be not less than half the 
members thereof for the time being and, while a member is disqualified 
from taking part in a decision or deliberation of the Commission in 
respect of a matter, he shall be disregarded for the purpose of 
constituting a quorum of the Commission for deciding, or deliberating on, 
that matter.

(2)	All matters for determination at a meeting of the Commission 
shall be decided by a majority of votes of the members present and voting 
and where there is an equality of votes the Chairperson or other member 
presiding shall have a casting vote in addition to his original vote.

7.	Fixing of seal of Commission

The fixing of the seal of the Commission shall be-

        (a)	authorized by the Commission; and

        (b)	authenticated by the signatures of-

        (i)	the Chairperson; and

        (ii)	any other member of the Commission authorized by the 
Commission, either generally or specifically, to act for that purpose.

8.	Documents of Commission


(1)	The Commission may make and execute any document in the 
performance of its functions or the exercise of its powers or in 
connection with any matter reasonably incidental to or consequential upon 
the performance of its functions or the exercise of its powers.

(2)	Any document purporting to be executed under the seal of the 
Commission shall be admitted in evidence and shall, in the absence of 
evidence to the contrary, be deemed to have been duly executed.

9.	Certain documents not required to be sealed

Any contract or instrument which, if entered into or executed by a person 
not being a body corporate, would not be required to be under seal may be 
entered into or executed on behalf of the Commission by any member of the 
Commission generally or specifically authorized by the Commission for that 
purpose.

10.	Procedure of Commission

Subject to the provisions of this Schedule, the Commission shall have 
power to regulate its own procedure including the manner in which 
decisions of the Commission may be made by a quorum of its members 
otherwise than at a meeting of the Commission.

Staff of Commission

11.	Employees, etc. of Commission


(1)	The Commission shall determine-

        (a)	the remuneration and the terms and conditions of employment of 
its employees; and

        (b)	the standards of work and conduct of its employees, and matters 
relating to their suspension or dismissal from office.

(2)	The Commission shall determine the remuneration and the terms 
and conditions of engagement of technical and professional advisers, and 
of conciliators, and the manner of their engagement.

(3)	The Commission may-

        (a)	grant, or make provision for the grant of, pensions, gratuities 
and retirement benefits to employees;

        (b)	provide other benefits for the welfare of employees and their 
dependants;

        (c)	authorize payments, whether or not legally due, to the personal 
representatives of a deceased employee or to any person who was dependent 
on such employee at his death.

(4)	The Commission may-

        (a)	establish, manage and control; or

        (b)	enter into an arrangement with any company or association for 
the establishment, management and control by that company or association 
either alone or jointly with the Commission of,
any fund or scheme for the purpose of providing for the pensions, 
gratuities, benefits and payments referred to in subsection (3).

(5)	The Commission may make contributions to and may require 
employees to make contributions to any fund or scheme referred to in 
subsection (4).

(6)	In this section "employees" (僱員) includes any class of employee 
which the Commission specifies and in subsection (3) includes former 
employees.

Committees

12.	Members of committees

The Commission-

        (a)	may appoint members of the Commission, and persons who are not 
such members, to be members of a committee; and

        (b)	shall appoint the chairman of a committee and determine the 
number of members of a committee.

13.	Members of committee to disclose interests
in respect of certain contracts


(1)	A member of a committee who is in any way directly or 
indirectly interested in a contract made or proposed to be made by-

        (a)	the Commission;

        (b)	the committee; or

        (c)	an employee or agent of the Commission,
shall disclose the nature of his interest at a meeting of the committee.

(2)	The committee shall record the disclosure in the minutes of the 
meeting of the committee.

(3)	A member who has an interest in a contract referred to 
subsection (1)-

        (a)	shall not without the permission of the chairperson of the 
committee or other member presiding take any part in any deliberation of 
the committee with respect to that contract; and

        (b)	shall not in any event vote on any matter concerning it.

(4)	For the purposes of subsection (1), a member may give a notice 
in writing at a meeting of a committee to the effect that he is a member 
of a company or firm and is to be regarded as interested in any contract 
which may, after the date of the notice, be made with the company or firm 
and the notice shall be regarded as a sufficient disclosure of his 
interest in relation to any contract so made or proposed to be so made.

(5)	A member of a committee need not attend in person at a meeting 
of the committee to make a disclosure which he is required to make under 
this section if he takes reasonable steps to secure that the disclosure is 
made by a notice in writing which is brought up and read at the meeting.

14.	Fees and allowances payable to members of committee


(1)	The Commission may pay to the members of a committee such fees 
and allowances as the Secretary for Constitutional and Mainland Affairs, 
after consulting with the Secretary for Financial Services and the 
Treasury, determines.

(2)	The provisions of this section shall-

        (a)	not apply in the case of any member of a committee who is a 
public officer; and

        (b)	apply in the case of a member of a committee who is a member of 
the Commission only to such extent as the Secretary for Constitutional and 
Mainland Affairs, after consulting with the Secretary for Financial 
Services and the Treasury, determines.
(Amended L.N. 106 of 2002; L.N. 130 of 2007)

Finances, etc. of Commission

15.	Resources of Commission


(1)	The resources of the Commission shall consist of-

        (a)	all money-

        (i)	paid by the Government to the Commission and appropriated for 
that purpose by the Legislative Council; and

        (ii)	otherwise provided to the Commission by the Government; and

        (b)	all other money and property, including gifts, donations, fees, 
rent, interest and accumulations of income received by the Commission.

(2)	The Secretary for Financial Services and the Treasury may give 
directions in writing of a general or specific character to the Commission 
in relation to the amount of money which may be expended by the Commission 
in any financial year and the Commission shall comply with those 
directions.  (Amended L.N. 106 of 2002)

16.	Borrowing powers


(1)	Subject to subsection (2), the Commission may borrow by way of 
overdraft such money as it may require for meeting its obligations or 
performing its functions under this Ordinance.

(2)	The Secretary for Constitutional and Mainland Affairs may, 
after consulting with the Secretary for Financial Services and the 
Treasury, give directions in writing of a general or specific character to 
the Commission in relation to the amount of money which may be borrowed 
under subsection (1) and the Commission shall comply with those 
directions.  (Amended L.N. 106 of 2002; L.N. 130 of 2007)

(3)	The Commission may with the approval of the Secretary for 
Constitutional and Mainland Affairs given after the Secretary has 
consulted with the Secretary for Financial Services and the Treasury 
borrow, otherwise than by way of overdraft, such money as it may require 
for meeting its obligations or performing its functions under this 
Ordinance.  (Amended L.N. 106 of 2002; L.N. 130 of 2007)

(4)	A person lending money to the Commission shall not be concerned 
to inquire whether the borrowing of the money is legal or regular or 
whether the money raised has been properly applied and shall not be 
prejudiced by any illegality or irregularity or by misapplication or 
non-application of the money.

17.	Investment of surplus funds


(1)	Subject to subsection (2), the Commission may invest money that 
is not immediately required to be expended.

(2)	The Commission shall not invest money pursuant to subsection 

(1) except in such forms of investment as the Secretary for Constitutional 
and Mainland Affairs, after consulting with the Secretary for Financial 
Services and the Treasury, approves.  (Amended L.N. 106 of 2002; L.N. 130 
of 2007)

18.	Accounts, audit and annual report of Commission


(1)	The Commission shall cause proper accounts to be kept of all 
its financial transactions.

(2)	The Commission shall, as soon as practicable after the expiry 
of a financial year, prepare a statement of the accounts of the 
Commission, which statement shall include an income and expenditure 
account and a balance sheet.

(3)	The Commission shall appoint an auditor who shall, as soon as 
practicable, audit the accounts required under subsection (1) and the 
statement of accounts required under subsection (2) and shall submit a 
report on the statement to the Commission.

(4)	The Commission shall, as soon as practicable and in any case 
not later than 9 months after the expiry of a financial year (or such 
further period as the Chief Secretary for Administration allows), furnish-

        (a)	a report on the activities of the Commission during that year 
including a general survey of developments, during that year, in respect 
of matters falling within the scope of the Commission's functions;

        (b)	a copy of the statement of accounts required under subsection 

(2); and

        (c)	the auditor's report on the statement,
to the Chief Secretary for Administration who shall cause the same to be 
tabled in the Legislative Council.  (Amended L.N. 362 of 1997)

19.	Director of Audit's examination


(1)	The Director of Audit may, in respect of any financial year, 
conduct an examination into the economy, efficiency and effectiveness with 
which the Commission has expended its resources in performing its 
functions and exercising its powers.

(2)	Subject to subsection (3), the Director of Audit shall have a 
right of access at all reasonable times to all such documents as he may 
reasonably require for conducting an examination under this section and 
shall be entitled to require from any person holding or being accountable 
for any such document such information and explanation as he considers 
reasonably necessary for that purpose.

(3)	Subsection (2) applies only to documents in the custody and 
control of the Commission.

(4)	Without prejudice to the power of the Director of Audit to 
conduct an examination under this section, this section applies to any sum 
of money paid by the Commission in the exercise of its power under section 
65(1) of this Ordinance.

(5)	Subsection (1) shall not operate to entitle the Director of 
Audit to question the merits of the policy objectives of the Commission.

20.	Exemption from taxation

The Commission shall be exempt from taxation under the Inland Revenue 
Ordinance (Cap 112).

Delegations

21.	Provisions to which section 67(1) shall not apply

Sections 4, 11(1)(a), (4) and (5), 16(1) and (3), 17(1) and 18 shall not 
be subject to section 67(1) of this Ordinance.
(Enacted 1995)
"employees" (僱員)


SEX DISCRIMINATION ORDINANCE - SCHEDULE 7
TRANSITIONAL PROVISIONS VerDate:30/06/1997



[section 91(1) & Schedule 4]

1.	Section 16 of this Ordinance shall not apply, in respect of any 
organization-

        (a)	to contributions or other payments falling to be made to the 
organization by its members or by persons seeking membership; or

        (b)	to financial benefits accruing to members of the organization 
by reason of their membership,
where the payment falls to be made, or the benefit accrues, as the case 
may be-

        (i)	under rules of the organization made before this Ordinance was 
enacted; and

        (ii)	before the 3rd anniversary of the day on which that section 
comes into operation.

2.	Until the 3rd anniversary of the day on which section 16 of this 
Ordinance comes into operation, section 16(2) of this Ordinance shall not 
apply to any organization of members of the teaching profession where on 
the enactment of this Ordinance-

        (a)	the organization is an incorporated company with articles of 
association;

        (b)	the articles of association restrict membership to persons of 
one sex (disregarding any minor exceptions); and

        (c)	there exists another organization to which paragraphs (a) and 

        (b) apply which is for persons of the opposite sex and has objects, as set 
out in the memorandum of association, which are substantially the same as 
those of the first-mentioned organization, subject only to differences 
consequential on the difference of sex.

3.	If the responsible body for any educational establishment which 

        (apart from this section) would be required to comply with the provisions 
of section 25(b) of this Ordinance from the commencement of those 
provisions, is of the opinion that it would be impracticable for it to do 
so, it may before that commencement serve on the Commission a notice 
referred to in section 27(1) of this Ordinance as if that opinion were a 
determination referred to in section 27(1) of this Ordinance and, in any 
such case, the provisions of section 27 of this Ordinance shall, with all 
necessary modifications, apply as if such opinion were such a 
determination.
(Enacted 1995)



SEX DISCRIMINATION ORDINANCE - SCHEDULE 8
(Omitted as spent) VerDate:30/06/1997



(Omitted as spent)
(Enacted 1995)