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Since 2000, the Disability Rights Education and Defense Fund has collected country-based laws that protect the rights of individuals with disabilities. DREDF is providing this collection of laws and summaries in order to foster sharing of information and encourage the international dialogue on disability anti-discrimination. We have made every effort to collect up-to-date and accurate information based on existing written and Internet sources, but we make no guarantee, undertaking or warranty regarding the accuracy, completeness or currency of the materials published herein. In all cases, users are referred to official legislative and parliamentary publications for the original legal texts and language. Go to the complete collection.

 


 

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Heading: Long title

Version Date: 30/06/1997


An Ordinance to render unlawful discrimination against persons on the ground of their or their associates' disability in respect of their employment, accommodation, education, access to partnerships, membership of trade unions and clubs, access to premises, educational establishments, sporting activities and the provision of goods, services and facilities; to make provision against harassment and vilification of persons with a disability and their associates; to extend the jurisdiction of the Equal Opportunities Commission to include discrimination against persons on the ground of their or their associates' disability, and for connected purposes.


(Enacted 1995)

[Sections 62, 64 and 65:

20 May 1996 L.N. 184 of 1996

The other provisions, other than Part III, sections 33(1), (2) and (4), 39(4), 48(1) and (3), 48(2) (in so far as that subsection relates to an agent who is also an employee of his principal), 49(2) (in so far as that subsection relates to an employee or employer) and 84, Schedule 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

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20 September 1996 L.N. 395 of 1996






The remaining provisions

:

20 December 1996 L.N. 558 of 1996]

(Originally 86 of 1995)

Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number: L.N. 315 of 1998

Section: 2

Heading: Interpretation

Version Date: 05/11/1998

(1) In this Ordinance, unless the context otherwise requires-
"access" means access as construed in accordance with section 56;
"act" includes a deliberate omission;
"advertisement" 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;
"associate" , in relation to a person, includes-
(a) a spouse of the person;
(b) another person who is living with the person on a genuine domestic basis;
(c) a relative of the person;
(d) a carer of the person; and
(e) another person who is in a business, sporting or recreational relationship with the person;
"carer" includes-
(a) the Director of Social Welfare;
(b) any officer of the Social Welfare Department authorized in writing by the Director of Social Welfare;
(c) any person specified in Schedule 1;
"club" 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 that-
(a) provides and maintains its facilities, in whole or in part, from the funds of the association; and
(b) sells or supplies liquor for consumption on its premises;
"Commission" has the same meaning as in the relevant Ordinance;
"commission agent" means commission agent as construed in accordance with section 20;
"committee" has the same meaning as in the relevant Ordinance;
"committee of management" , in relation to a club, means the group or body of persons (however described) that manages the affairs of that club;
"conciliator" has the same meaning as in the relevant Ordinance;
"contract worker" means contract worker as construed in accordance with section 13;
"disability" , in relation to a person, means-
(a) total or partial loss of the person's bodily or mental functions;
(b) total or partial loss of a part of the person's body;
(c) the presence in the body of organisms causing disease or illness;
(d) the presence in the body of organisms capable of causing disease or illness;
(e) the malfunction, malformation or disfigurement of a part of the person's body;
(f) a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or
(g) a disorder, illness or disease that affects a person's thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour,
and includes a disability that-
(i) presently exists;
(ii) previously existed but no longer exists;
(iii) may exist in the future; or
(iv) is imputed to a person;
"discrimination" means any discrimination falling within sections 6, 7, 9 or 10, and related expressions shall be construed accordingly;
"discriminator" includes a prospective discriminator;
"dispose" , 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" has the same meaning as in the Shipping and Port Control Ordinance (Cap 313); (Amended L.N. 315 of 1998)
"education" includes any form of training or instruction;
"educational establishment" has the same meaning as in the relevant Ordinance;
"employment" 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" 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" means a notice under section 73(2);
"estate agent" means a person who, by way of profession or trade, provides services for the purpose of finding premises for persons seeking to acquire them or assisting in the disposal of premises;
"firm" means a firm within the meaning of the Partnership Ordinance (Cap 38);
"formal investigation" means an investigation under section 66;
"general notice" , 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" means genuine occupational qualification as construed in accordance with section 12(3);
"harass" shall be construed in accordance with subsection (6);
"notice" means a notice in writing;
"palliative or therapeutic device or auxiliary aid includes a device or aid specified in Schedule 2;
"prescribed" means prescribed in rules made under section 85;
"profession" includes any vocation or occupation;
"registered" includes licensed;
"relevant Ordinance" means the Sex Discrimination Ordinance (Cap 480);
"responsible body" has the same meaning as in the relevant Ordinance;
"trade" includes any business;
"training" includes any form of education or instruction;
"unjustifiable hardship" means unjustifiable hardship as construed in accordance with section 4.
(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) References in this Ordinance to the provision of facilities shall be construed to include references to making those facilities available or making arrangements for the provision of those facilities or to the provision of those facilities in buildings or premises.
(4) 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 74(3).
(5) For the purposes of this Ordinance, a person is a near relative of another if that person is the wife or husband, a parent or child, a grandparent or grandchild, or a brother or sister of the other (whether of full blood or half-blood or by affinity), and "child" includes an illegitimate child and the wife or husband of an illegitimate child.
(6) For the purposes of this Ordinance, a person (howsoever described) harasses another person if that first-mentioned person engages in unwelcome conduct (which may include an oral or written statement) on account of that second-mentioned person's disability, or on account of the disability of an associate of that second-mentioned person, in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the second-mentioned person would be offended, humiliated or intimidated by that conduct.
(7) For the purposes of section 6(c), references in this Ordinance to-
(a) a person with a disability (or words to the like effect) shall be construed to mean a person (and whether or not he has a disability) with an associate with a disability;
(b) a person without a disability (or words to the like effect) shall be construed to mean a person without an associate with a disability.
(8) For the purposes of any of the provisions of sections 22, 23, 37, 38, 39, 46 and 47, references to a person with a disability (or words to the like effect) shall be construed to include a person (and whether or not he has a disability) with an associate with a disability.
(9) Subject to subsection (10), in this Ordinance "existing statutory provision" 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)

Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 4

Heading: Unjustifiable hardship

Version Date: 30/06/1997



For the purposes of this Ordinance, in determining what constitutes unjustifiable hardship, all relevant circumstances of the particular case are to be taken into account including-
(a) the reasonableness of any accommodation to be made available to a person with a disability;
(b) the nature of the benefit or detriment likely to accrue or be suffered by any persons concerned;
(c) the effect of the disability of a person concerned; and
(d) the financial circumstances of and the estimated amount of expenditure (including recurrent expenditure) required to be made by the person claiming unjustifiable hardship.


(Enacted 1995)

Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 5

Heading: Application

Version Date: 30/06/1997

This Ordinance binds the Government.

(Enacted 1995)




Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 6

Heading: Discrimination against persons with disability, etc.

Version Date: 30/06/1997

PART II - DISCRIMINATION TO WHICH ORDINANCE APPLIES

A person discriminates against another person in any circumstances relevant for the purposes of any provision of this Ordinance if-
(a) on the ground of that other person's disability he treats him less favourably than he treats or would treat a person without a disability;
(b) he applies to that other person a requirement or condition which he applies or would apply equally to a person without a disability but-
(i) which is such that the proportion of persons with a disability who can comply with it is considerably smaller than the proportion of persons without a disability who can comply with it;
(ii) which he cannot show to be justifiable irrespective of the disability or absence of the disability of the person to whom it is applied; and
(iii) which is to that person's detriment because he cannot comply with it; or
(c) on the ground of the disability of an associate of that other person he treats him less favourably than he treats or would treat a person without such a disability.

(Enacted 1995)

Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 7

Heading: Discrimination by way of victimisation

Version Date: 30/06/1997

(1) A 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.

(Enacted 1995)

Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 8

Heading: Comparison of cases under section 6

Version Date: 30/06/1997

A comparison of the cases of persons with or without a disability under section 6 shall be such that the relevant circumstances in the one case are the same, or not materially different, in the other.

(Enacted 1995)

Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 9

Heading: Discrimination (palliative or therapeutic devices and auxiliary aids)

Version Date: 30/06/1997

For the purposes of this Ordinance, a discriminator discriminates against another person on the ground of that other person's disability if the discriminator treats that other person less favourably because of-
(a) the fact that other person is accompanied by, or possesses a palliative or therapeutic device or auxiliary aid that is used by that other person; or
(b) any matter related to that fact, whether or not it is the discriminator's practice to treat less favourably any person who is accompanied by, or is in possession, and is the user, of such a palliative or therapeutic device or auxiliary aid.

(Enacted 1995)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 10

Heading: Discrimination (interpreters, readers and assistants)

Version Date: 30/06/1997

 

For the purposes of this Ordinance, a discriminator discriminates against another person on the ground of that other person's disability if the discriminator treats that other person less favourably because of-
(a) the fact that other person is accompanied by-
(i) an interpreter;
(ii) a reader;
(iii) an assistant; or
(iv) a carer,
who provides interpretive, reading or other services to that other person because of the disability; or
(b) any matter related to that fact, whether or not it is the discriminator's practice to treat less favourably any person who is accompanied by such-
(i) an interpreter;
(ii) a reader;
(iii) an assistant; or
(iv) a carer.

(Enacted 1995)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 11

Heading: Discrimination against applicants and employees

Version Date: 30/06/1997

PART III

DISCRIMINATION AND HARASSMENT IN EMPLOYMENT FIELD

(1) It is unlawful for a person ("the employer"), in relation to employment by him at an establishment in Hong Kong, to discriminate against another person with a disability-
(a) in the arrangements the employer makes for the purpose of determining who should be offered that employment;
(b) in the terms on which the employer offers that other person that employment; or
(c) by refusing or deliberately omitting to offer that other person that employment.
(2) It is unlawful for the employer, in the case of a person with a disability employed by him at an establishment in Hong Kong, to discriminate against that person-
(a) in the way he affords that person access to opportunities for promotion, transfer or training, or to any other benefits, services or facilities, or by refusing or deliberately omitting to afford that person access to them; or
(b) in the terms of employment he affords that person; or
(c) by dismissing that person, or subjecting him to any other detriment.
(3) Except in relation to discrimination falling within section 7, 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) Subsection (2) shall not apply to benefits, services or facilities of any description if the employer is concerned with the provision (for payment or not) of benefits, services or facilities of that description to the public, or to a section of the public comprising the person with a disability concerned, unless-
(a) that provision differs in a material respect from the provision of the benefits, services or facilities by the employer to his employees without a disability; or
(b) the benefits, services or facilities relate to training.
(5) Subsection (3) shall expire on the 3rd anniversary of the day on which this Ordinance is enacted.
(6) 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.
(7) The Governor in Council may, by notice in the Gazette-
(a) amend subsection (3) by substituting another number for the last number appearing in that subsection;
(b) amend subsection (5) by substituting another anniversary for the anniversary appearing in that subsection.

(Enacted 1995)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 12

Heading: Exception where absence of disability is genuine occupational qualification

Version Date: 30/06/1997

(1) In relation to discrimination-
(a) section 11(1)(a) or (c) shall not apply to any employment where being a person without a disability 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) Section 11(1)(a) and (c) and (2)(c) shall not apply to an employer who discriminates against a person with a disability, if taking into account -
(a) the person's past training, qualifications and experience relevant to the particular employment;
(b) where the person is already employed by the employer, the person's performance as an employee; and
(c) all other relevant factors that it is reasonable to so take into the account,
the person because of the person's disability-
(i) would be unable to carry out the inherent requirements of the particular employment; or
(ii) would, in order to carry out those requirements, require services or facilities that are not required by persons without a disability and the provision of which would impose an unjustifiable hardship on the employer.
(3) Being a person without a disability is a genuine occupational qualification for a job only where-
(a) the essential nature of the job calls for a person without a disability for reasons of physiology 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 person with a disability;
(b) 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 the only such premises which are available for persons holding that kind of job are lived in, or normally lived in, by persons without a disability and, subject to subsection (5), are not equipped with accommodation and facilities for persons with a disability where the alteration of those premises to be so equipped would impose an unjustifiable hardship on the employer; or
(c) the job needs to be held by a person without a disability because of restrictions imposed by a provision specified in Schedule 3.
(4) Subsection (3) applies where some only of the duties of the job fall within any paragraph of that subsection as well as where all of them do.
(5) Paragraph (b) of subsection (3) shall not apply in relation to the filling of a vacancy where the applicant for that vacancy, being a person with a disability, proposes to the employer that, on appointment to the vacancy, he will make reasonable alterations to that part of the premises to be occupied by him as accommodation if-
(a) the applicant undertakes to restore the premises to their condition before alteration on leaving the premises;
(b) in all the circumstances it is likely that the applicant will perform the undertaking;
(c) in all the circumstances, the action required to restore the premises to their condition before alteration is reasonably practicable;
(d) the alteration is at that applicant's expense; and
(e) the alteration does not involve alteration of other premises occupied by any other person.
(6) Paragraph (a), (b) or (c) of subsection (3) shall not apply in relation to the filling of a vacancy at a time when the employer already has employees without a disability-
(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)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 14

Heading: Meaning of employment at establishment in Hong Kong

Version Date: 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)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 15

Heading: Partnerships

Version Date: 30/06/1997

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 person with a disability-
(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 him that position;
(c) by refusing or deliberately omitting to offer him that position; or
(d) in a case where he already holds that position-
(i) in the way the firm affords him access to any benefits, services or facilities, or by refusing or deliberately omitting to afford him access to them; or
(ii) by expelling him from that position or subjecting him 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 person without a disability would be a genuine occupational qualification for the job.
(4) Subsection (1)(a), (c) and (d)(ii) shall not apply to a person who discriminates against another person with a disability, if taking into account-
(a) that other person's past training, qualifications and experience relevant to the proposed firm or firm, as the case may be;
(b) where that other person is already a partner, that other person's performance as a partner; and
(c) all other relevant factors that it is reasonable to so take into account,
that other person because of that other person's disability-
(i) would be unable to carry out the inherent requirements of a partner in the proposed firm or firm, as the case may be; or
(ii) would, in order to carry out those inherent requirements, require services or facilities that are not required by partners without a disability and the provision of which would impose an unjustifiable hardship on the proposed firm or firm, as the case may be.
(5) 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).
(6) The Governor in Council may, by notice in the Gazette, amend subsection (1) by-
(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)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 16

Heading: Trade unions, etc.

Version Date: 30/06/1997

(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 person with a disability who is not a member of the organization, to discriminate against him-
(a) in the terms on which it is prepared to admit him to membership; or
(b) by refusing or deliberately omitting to accept his application for membership.
(3) It is unlawful for an organization to which this section applies, in the case of a person with a disability who is a member of the organization, to discriminate against him-
(a) in the way it affords him access to any benefits, services or facilities, or by refusing or deliberately omitting to afford him access to them;
(b) by depriving him of membership, or varying the terms on which he is a member; or
(c) by subjecting him to any other detriment.

(Enacted 1995)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 17

Heading: Qualifying bodies

Version Date: 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 person with a disability-
(a) in the terms on which it is prepared to confer on him that authorization or qualification;
(b) by refusing or deliberately omitting to grant his application for it; or
(c) by withdrawing it from him or varying the terms on which he 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;
(b) engaged in unlawful harassment; or
(c) engaged in acts which contravene section 46 or 47,
in, or in connection with, the carrying on of any profession or trade.
(3) Subsection (1) shall not apply to an authority or body which discriminates against a person on the ground of the person's disability, if taking into account-
(a) that person's past training, qualifications and experience relevant to the particular profession, trade or occupation;
(b) where that person is already a member of the profession, carrying on the trade or engaged in the occupation, that person's performance in the profession, trade or occupation; and
(c) all other relevant factors that it is reasonable to so take into the account,
that person because of that person's disability, would be unable to carry out the inherent requirements of the profession, trade or occupation.
(4) Subsection (1) shall not apply to discrimination which is rendered unlawful by section 24.
(5) In this section-
"authorization or qualification" includes recognition, licensing, registration, enrolment, approval and certification;
"confer" includes renew or extend.

(Enacted 1995)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 18

Heading: Persons concerned with provision of vocational training

Version Date: 30/06/1997

(1) It is unlawful, in the case of a person with a disability seeking or undergoing training which would help fit him for any employment, for any person ("the trainer") who provides facilities for such training to discriminate against him-
(a) in the terms on which the trainer affords him access to any training course or other facilities concerned with such training;
(b) by refusing or deliberately omitting to afford him such access;
(c) by terminating his training; or
(d) by subjecting him to any other detriment during the course of his 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 24; 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)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 20

Heading: Discrimination against commission agents

Version Date: 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 person with a disability who is a commission agent-
(a) in the terms on which he allows the person with a disability to do that work;
(b) by not allowing that person to do it or continue to do it;
(c) in the way he affords that person access to any benefits, services or facilities or by refusing or deliberately omitting to afford that person access to them; or
(d) by subjecting that person to any other detriment.
(3) The principal does not contravene subsection (2)(b) by doing any act in relation to a person with a disability at a time when if the work were to be done by a person taken into his employment being a person without a disability would be a genuine occupational qualification for the job.
(4) Subsection (2)(b) shall not apply to a principal who discriminates against a commission agent with a disability, if taking into account-
(a) the commission agent's past training, qualifications and experience relevant to working as a commission agent;
(b) where the person is already working for the principal as a commission agent, the commission agent's performance as a commission agent; and
(c) all other relevant factors that it is reasonable to so take into the account,
the commission agent because of the commission agent's disability-
(i) would be unable to carry out the inherent requirements of a commission agent; or
(ii) would, in order to carry out those requirements, require services or facilities that are not required by persons without a disability and the provision of which would impose an unjustifiable hardship on the principal.
(5) Subsection (2)(c) shall not apply to benefits, services or facilities of any description if the principal is concerned with the provision (for payment or not) of benefits, services or facilities of that description to the public, or to a section of the public to which the person with a disability belongs, unless that provision differs in a material respect from the provision of the benefits, services or facilities by the principal to his commission agents.

(Enacted 1995)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 21

Heading: Government

Version Date: 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 person with a disability in the performance of its functions or the exercise of its powers.
(2) Subsection (1) shall not render unlawful-
(a) as regards a person with a disability 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 person with a disability if it was necessary for that act to be done in order to comply with a requirement of an existing statutory provision.

(Enacted 1995)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 22

Heading: Employees, etc.

Version Date: 30/06/1997

Harassment

(1) It is unlawful for a person, in relation to employment by him at an establishment in Hong Kong, to harass a person with a disability who is seeking to be employed by the first-mentioned person.
(2) It is unlawful for a person, in the case of a person with a disability employed by him at an establishment in Hong Kong, to harass that second-mentioned person.
(3) It is unlawful for a person who is employed by another person at an establishment in Hong Kong to harass a third person with a disability 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 harass a person with a disability who is a contract worker.
(5) It is unlawful for a contract worker to harass a person with a disability who is a fellow contract worker.
(6) It is unlawful for a partner in a firm to harass a person with a disability 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(5) 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 harass a person with a disability who is a commission agent.
(10) It is unlawful for a commission agent to harass a person with a disability who is a fellow commission agent.
(11) It is unlawful for a person who is seeking to be, or who is, employed by a person with a disability at an establishment in Hong Kong to harass that person.
(12) It is unlawful for a person residing in any premises to harass a person with a disability-
(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 that person's work in relation to that person's employment (and whether or not that person also resides in those premises).

(Enacted 1995)

Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 23

Heading: Other harassment

Version Date: 30/06/1997

(1) It is unlawful for a member of an organization to which section 16 applies to harass a person with a disability 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 harass a person with a disability 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 harass a person with a disability seeking or undergoing training which would help fit the second-mentioned person for any employment if that first-mentioned person provides 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 harass a person with a disability in the course of offering to provide, or providing, any of the agency's services to him.

(Enacted 1995)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 25

Heading: Access to premises

Version Date: 30/06/1997

Premises, goods, services and facilities

(1) Subject to subsection (2), it is unlawful for a person to discriminate against another person with a disability-
(a) by refusing to allow that other person access to, or the use of, any premises that the public or a section of the public is entitled or allowed to enter or use (whether for payment or not);
(b) in the terms or conditions on which the first-mentioned person is prepared to allow that other person access to, or the use of, any such premises;
(c) in relation to the provision of means of access to such premises;
(d) by refusing to allow that other person the use of any facilities in such premises that the public or a section of the public is entitled or allowed to use (whether for payment or not);
(e) in the terms or conditions on which the first-mentioned person is prepared to allow that other person the use of any such facilities; or
(f) by requiring the other person to leave such premises or cease to use such facilities.
(2) Subsection (1) shall not apply to a person who discriminates against another person with a disability in relation to the provision of access to premises if-
(a) the premises are so designed or constructed as to be inaccessible to a person with a disability; and
(b) any alteration to the premises to provide such access would impose unjustifiable hardship on the first-mentioned person who would have to provide that access.

(Enacted 1995)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 26

Heading: Goods, services and facilities

Version Date: 30/06/1997

(1) Subject to subsection (2), it is unlawful for a person who, whether for payment or not, provides goods, services or facilities, to discriminate against another person with a disability-
(a) by refusing to provide that other person with those goods, services or facilities;
(b) in the terms or conditions on which the first-mentioned person provides that other person with those goods, services or facilities; or
(c) in the manner in which the first-mentioned person provides that other person with those goods, services or facilities.
(2) Subsection (1) shall not apply to a person who discriminates against another person with a disability if-
(a) the provision of the goods, services or facilities would impose unjustifiable hardship on the person who would have to provide those goods, services or facilities; and
(b) in the case of the facilities described in paragraphs (c), (d), (e) or (f) of section 27 (or facilities of a like nature to the facilities so described) and to the extent that those facilities are physical in nature, those facilities are so designed or constructed as to be inaccessible to a person with a disability.

(Enacted 1995)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 27

Heading: Examples of services and facilities

Version Date: 30/06/1997

The following are examples of the services and facilities referred to in section 26-
(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, including the conduct of public examinations;
(e) facilities for entertainment, recreation or refreshment;
(f) facilities for transport or travel;
(g) the services relating to transport or travel;
(h) the services relating to telecommunications;
(i) the services of any profession or trade;
(j) the services of-
(i) the Urban Council;
(ii) the Regional Council;
(iii) any department of the Government; or
(iv) any undertaking by or of the Government.

(Enacted 1995)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 28

Heading: Discrimination in disposal or management of premises

Version Date: 30/06/1997

(1) It is unlawful for a person ("the disposer"), in relation to premises in Hong Kong of which he has power to dispose, to discriminate against another person with a disability or any other person providing, or intending to provide, services or facilities on those premises (and who for this purpose is to be treated as an associate of that other person with a disability) to persons with a disability-
(a) in the terms on which the disposer offers him those premises;
(b) by refusing his application for those premises; or
(c) in his treatment of him in relation to any list of persons in need of premises of that description.
(2) It is unlawful for a person ("the manager"), in relation to premises managed by him, to discriminate against another person with a disability occupying the premises-
(a) in the way the manager affords him access to any benefits or facilities, or by refusing or deliberately omitting to afford him access to them; or
(b) by evicting him, or subjecting him 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) Subsection (2) shall not apply to a person who discriminates against another person with a disability if the affording of access to any benefits or facilities would impose unjustifiable hardship on the person affording such access.
(5) In this section in relation to premises, "power to dispose" includes the power to sell, rent, let, sub-let or otherwise part with possession of those premises.

(Enacted 1995)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 29

Heading: Discrimination: consent for assignment or sub-letting

Version Date: 30/06/1997

(1) Where the licence or consent of the landlord or of any other person ("the disposer") is required for the disposal to any person of premises in Hong Kong comprised in a tenancy, it is unlawful for the disposer to discriminate against another person with a disability by withholding the licence or consent for disposal of the premises to that other person.
(2) It is unlawful for the disposer to discriminate against another person with a disability-
(a) by evicting that other person from the premises occupied by that other person;
(b) by subjecting that other person to any other detriment in relation to the premises occupied by that other person; or
(c) by refusing to permit that other person to make reasonable alterations to the premises occupied by that person if-
(i) that other person has undertaken to restore the premises to their condition before alteration on leaving the premises;
(ii) in all the circumstances it is likely that that other person will perform the undertaking;
(iii) in all the circumstances, the action required to restore the premises to their condition before alteration is reasonably practicable;
(iv) the alteration is at that other person's own expense; and
(v) the alteration does not involve alteration of other premises occupied by any other person.
(3) Subsection (1) shall not apply-
(a) if-
(i) the disposer, or a near relative of his ("the relevant occupier") resides, and intends to continue to reside, on the premises;
(ii) 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
(iii) the premises are small premises as construed in accordance with section 30(2); or
(b) to a disposer who discriminates against another person with a disability if the granting of the licence or consent for disposal of the premises by the disposer would impose unjustifiable hardship on the disposer.
(4) 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.
(5) In this section-
"disposal" , 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" 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)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 30

Heading: Exceptions for small dwellings

Version Date: 30/06/1997

(1) Sections 26(1) and 28 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 members 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 Governor in Council may, by notice in the Gazette, amend subsection (2)(b) by substituting another number for the number appearing in that subsection.

(Enacted 1995)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 31

Heading: Exceptions for voluntary bodies

Version Date: 30/06/1997

(1) Subject to subsection (5), this section applies to a body the activities of which are carried on otherwise than for profit.
(2) Sections 26(1), 28 and 29 shall not be construed as rendering unlawful-
(a) the restriction of membership of any body to which this section applies to persons without a disability (disregarding any minor exceptions) where such restriction is reasonable having regard to the main object of the body; or
(b) the provision of benefits, services or facilities 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 26, 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 without a disability (disregarding any benefits to persons with a disability which are exceptional or are relatively insignificant), being a provision which constitutes the main object of a body to which this section applies.
(5) This section shall not apply to a body whose recurrent expenditure is funded wholly or in part by the Government.

(Enacted 1995)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 32

Heading: Further exceptions from sections 26(1) and 28

Version Date: 30/06/1997

Sections 26(1) and 28 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)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 33

Heading: Discrimination by, or in relation to, barristers

Version Date: 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 person with a disability-
(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 him.
(2) It is unlawful for a barrister or barrister's clerk, in relation to a person with a disability who is a pupil or tenant in the chambers concerned, to discriminate against him-
(a) in respect of any terms applicable to him as a pupil or tenant;
(b) in the opportunities for training, or gaining experience, which are afforded or denied to him;
(c) in the benefits, services or facilities which are afforded or denied to him; or
(d) by terminating his pupillage or by subjecting him 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 person with a disability.
(4) In this section-
"barrister's clerk" includes any person carrying out any of the functions of a barrister's clerk;
"pupil" , "pupillage" , "tenancy" and "tenant" have the meanings commonly associated with their use in the context of a set of barristers' chambers.

(Enacted 1995)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 34

Heading: Clubs

Version Date: 30/06/1997

Clubs and sporting activities

(1) Subject to subsection (4), 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 person with a disability who is not a member of the club-
(a) by refusing or failing to accept that person's application for membership; or
(b) in the terms or conditions on which the club is prepared to admit that person to membership.
(2) Subject to subsections (3) and (4), 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 person with a disability who is a member of the club-
(a) in the terms or conditions of membership that are afforded to that member;
(b) by refusing or failing to accept that member's application for a particular class or type of membership;
(c) by denying that member's access, or limiting that member's access, to any benefit, service or facility provided by the club;
(d) by depriving that member of membership or varying the terms of membership; or
(e) by subjecting that member to any other detriment.
(3) Subsection (2)(c) shall not apply to a club, the committee of management of a club or a member of the committee of management of a club which discriminates against a person with a disability where, because of that person's disability, that person requires the benefit, service or facility to be provided in a special manner and the benefit, service or facility cannot without unjustifiable hardship be so provided by the club.
(4) Subsections (1) and (2) shall not apply to a club, the committee of management of a club or a member of the committee of management of a club which discriminates against a person with a disability if membership (however described) of the club is restricted only to persons who have a particular disability and that first-mentioned person does not have that disability.

(Enacted 1995)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 36

Heading: Government

Version Date: 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 person with a disability in the performance of its functions or the exercise of its powers.
(2) Subsection (1) shall not render unlawful-
(a) as regards a person with a disability 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 person with a disability if it was necessary for that act to be done in order to comply with a requirement of an existing statutory provision.

(Enacted 1995)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 37

Heading: Educational establishments

Version Date: 30/06/1997

Harassment

(1) It is unlawful for a student of an educational establishment, or a person who is, or is a member of, the responsible body for an educational establishment, as the case may be, to harass a person with a disability who is seeking to be, or who is, a student of that educational establishment.
(2) It is unlawful for a person who is a member of the staff of an educational establishment to harass a person with a disability who is seeking to be, or who is, a student of that educational establishment.
(3) It is unlawful for a person who is seeking to be, or who is, a student of an educational establishment to harass a person with a disability-
(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)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 38

Heading: Harassment in relation to the provision of goods, services and facilities

Version Date: 30/06/1997

(1) It is unlawful for a person who, whether for payment or not, provides goods, services or facilities, to harass another person with a disability who wants to acquire the goods or services or to make use of the facilities.
(2) It is unlawful for a person to-
(a) interfere with the provision of goods, services or facilities to another person with a disability; or
(b) prevent or to attempt to prevent another person who, whether for payment or not, provides goods, services or facilities, or wishes to provide goods, services or facilities from providing those goods, services or facilities to a third person with a disability.

(Enacted 1995)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 39

Heading: Other harassment

Version Date: 30/06/1997

(1) It is unlawful for a person, in relation to premises managed by him, to harass a person with a disability occupying the premises.
(2) 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 harass a person with a disability seeking the licence or consent for disposal of the premises to him.
(3) Section 29(5) shall apply to subsection (2) as it applies to section 29.
(4) It is unlawful for a barrister or barrister's clerk, in relation to any chambers, to harass a person with a disability-
(a) in the course of offering to provide to him pupillage or tenancy in the chambers; or
(b) who is a pupil or tenant in the chambers.
(5) It is unlawful for any person, in the course of the giving, withholding or acceptance of instructions to a barrister, to harass a person with a disability who is a barrister.
(6) Section 33(4) shall apply to subsections (4) and (5) as it applies to section 33.

(Enacted 1995)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 41

Heading: Discriminatory practices

Version Date: 30/06/1997

PART V - OTHER UNLAWFUL ACTS

(1) In this section "discriminatory practice" 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 6(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 persons with a disability.
(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 73, 74, 75, 76 and 77.

(Enacted 1995)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 42

Heading: Requests for information

Version Date: 30/06/1997

(1) If, because of another provision of Part III or IV, it would be unlawful, in particular circumstances, for a person to discriminate against another person, in doing a particular act, it is unlawful for the first-mentioned person to request or require that other person to provide, in connection with or for the purposes of the doing of the act, information (whether by completing a form or otherwise) that persons who do not have a disability would not, in circumstances that are the same or are not materially different, be requested or required to provide.
(2) Subject to subsection (3), if, because of section 11(1), it would be unlawful, in particular circumstances, for a person to discriminate against another person, in doing a particular act, it is unlawful for the first-mentioned person to request or require that other person to provide information of a medical nature (whether by completing a form or otherwise) in connection with or for the purposes of the doing of the act.
(3) Nothing in subsection (2) shall render it unlawful for a person to request or require another person to provide information of a medical nature that is necessary to determine if that other person would be unable to carry out the inherent requirements of the job or would require services or facilities that are not required by persons without a disability.

(Enacted 1995)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 43

Heading: Discriminatory advertisements

Version Date: 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) 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.
(4) A person who knowingly or recklessly makes a statement of the kind referred to in subsection (3) 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)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 44

Heading: Instructions to discriminate

Version Date: 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)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 45

Heading: Pressure to discriminate

Version Date: 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, service or facility; 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}


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 48

Heading: Liability of employers and principals

Version Date: 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)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 49

Heading: Aiding unlawful acts

Version Date: 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 48 (or would be so liable but for section 48(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)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 50

Heading: Special measures

Version Date: 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 with a disability have equal opportunities with other persons in circumstances in relation to which a provision is made by this Ordinance;
(b) afford persons with a disability or a particular disability, goods or access to services, facilities or opportunities to meet their special needs in relation to-
(i) employment, education, clubs or sport;
(ii) the provision of premises, goods, services or facilities; or
(iii) their capacity to live independently;
(c) afford persons with a disability or a particular disability, grants, benefits or programmes, whether direct or indirect, to meet their special needs in relation to
-
(i) employment, education, clubs or sport;
(ii) the provision of premises, goods, services or facilities; or
(iii) their capacity to live independently.

(Enacted 1995)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 52

Heading: Insurance, etc.

Version Date: 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)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 53

Heading: Discriminatory training by certain bodies

Version Date: 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 persons with a disability only, or persons without a disability only, access to facilities for training which would help to fit them for that work; or
(b) encouraging persons with a disability only, or persons without a disability 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 with or without a disability, as the case may be, doing that work in Hong Kong, or the number of persons with or without a disability, respectively, doing the work in Hong Kong was comparatively small.
(2) This section shall not apply in relation to any discrimination which is rendered unlawful by section 11.

(Enacted 1995)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 54

Heading: Other discriminatory training, etc.

Version Date: 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 employees with a disability only, or his employees without a disability only, access to facilities for training which would help to fit them for that work; or
(b) encouraging persons with a disability only, or persons without a disability 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 with or without a disability, as the case may be, among those doing that work or the number of persons with or without a disability, respectively, 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 members with a disability of the organization only, or members without a disability 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 members with a disability only, or members without a disability 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 with or without a disability, as the case may be, among persons holding such posts in the organization or the number of persons with or without a disability, respectively, 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 persons with a disability only, or persons without a disability 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 with or without a disability, as the case may be, among those members or the number of persons with or without a disability, respectively, among the members was comparatively small.

(Enacted 1995)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 55

Heading: Elections in respect of trade unions, etc.

Version Date: 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 with or without a disability are members of the body-
(a) by reserving seats on the body for those persons respectively; or
(b) by making extra seats on the body available (by election or co-option or otherwise) for those persons respectively on occasions when the number of those persons respectively 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 with or without a disability, as the case may be, 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)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 56

Heading: Indirect access to benefits, etc.

Version Date: 30/06/1997

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


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 58

Heading: Acts done under statutory authority to be exempt from certain provisions of Part IV

Version Date: 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" means the provisions of Part IV except so far as they apply to vocational training or harassment.

(Enacted 1995)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 59

Heading: Construction of references to vocational training

Version Date: 30/06/1997

In sections 57 and 58, "vocational training" includes-
(a) retraining; and
(b) vocational guidance.

(Enacted 1995)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 60

Heading: Further exceptions

Version Date: 30/06/1997

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


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 61

Heading: Infectious diseases

Version Date: 30/06/1997

(1) Subject to subsection (2), nothing in this Ordinance shall apply to a person who discriminates against another person with a disability if-
(a) that person's disability is an infectious disease; and
(b) the discriminatory act is reasonably necessary to protect public health.
(2) For the avoidance of doubt, it is hereby declared that subsection (1) has no application to a person who is HIV-positive or has acquired immune deficiency syndrome (commonly known as "AIDS") merely because of the fact that the person has such a condition.
(3) In this section, "infectious disease" includes-
(a) any disease specified in the First Schedule to the Quarantine and Prevention of Disease Ordinance (Cap 141); and
(b) any communicable disease specified by the Director of Health by notice in the Gazette.

(Enacted 1995)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 63

Heading: Review of Schedules 2, 3 and 5

Version Date: 30/06/1997

(1) Without prejudice to the generality of section 62(1), the Commission, pursuant to its functions under paragraphs (a) and (b) of that section, shall keep Schedules 2, 3 and 5 under review.
(2) Whenever the Commission thinks it necessary, it shall draw up and submit to the Governor proposals for-
(a) amending Schedules 2 and 5;
(b) amending the provisions specified in Schedule 3.

(Enacted 1995)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 64

Heading: Delegations

Version Date: 30/06/1997

The Commission shall not under section 67 of the relevant Ordinance delegate any of its functions or powers under-
(a) section 85;
(b) any provisions of any regulations made under section 86 which are specified in the regulations as provisions which shall not be subject to section 67 of the relevant Ordinance;
(c) any provisions of any rules made under section 85 which are specified in the rules as provisions which shall not be subject to section 67 of the relevant Ordinance.

(Enacted 1995. Amended 80 of 1997 s.102)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 65

Heading: Codes of practice

Version Date: 30/06/1997

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 persons with a disability and persons without a disability generally;
(c) the elimination of harassment and vilification.
(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 consult with such associations, organizations, associations of organizations or bodies as appear to the Commission to be appropriate, including any of the associations, organizations, associations of organizations or bodies specified by the Secretary for Health and Welfare by notice in the Gazette.
(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 extend that period or that period as so extended to the next sitting.
(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 Governor may allow in any particular case.
(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) 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.
(14) In this section, "sitting" , 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.

(Enacted 1995)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 66

Heading: Power to conduct formal investigations

Version Date: 30/06/1997

Investigations

Without prejudice to the generality of section 62(1), the Commission may if it thinks fit, and shall if required by the Chief Secretary, conduct a formal investigation for any purpose connected with the carrying out of any of its functions under that section.

(Enacted 1995)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 67

Heading: Terms of reference

Version Date: 30/06/1997

(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 to conduct the investigation, by the Chief Secretary after consulting the Commission.
(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 to conduct the formal investigation, the Chief Secretary 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.

(Enacted 1995)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 69

Heading: Recommendations and reports on formal investigations

Version Date: 30/06/1997

(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 persons with a disability and persons without a disability 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 any recommendations, whether for changes in the law or otherwise,
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-
(a) the Commission shall deliver the report to the Chief Secretary; and
(b) the Chief Secretary shall cause the report to be published in such manner as he thinks fit,
and unless required by the Chief Secretary the Commission shall not publish the report.
(4) If the formal investigation is not one required by the Chief Secretary, the Commission shall publish the report or make it available for inspection in accordance with subsection (5).
(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)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 70

Heading: Restrictions on disclosure of information

Version Date: 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 69(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)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 71

Heading: Restrictions of proceedings for contravention of Ordinance

Version Date: 30/06/1997

PART VIII - ENFORCEMENT

(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)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number: 25 of 1998 s. 2

Section: 72

Heading: Claims under Part III or IV

Version Date: 01/07/1997

Remarks:

Amendments retroactively made-see 25 of 1998 s. 2


(1) A claim by or on behalf of 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) has committed an act of harassment against the claimant which is unlawful by virtue of Part III or IV;
(c) has committed an act which is unlawful by virtue of section 46; or
(d) is by virtue of section 48 or 49 to be treated as having committed such an act of discrimination against the claimant;
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 71(1), would be obtainable in the Court of First Instance. (Replaced 71 of 1997 s. 12. Amended 25 of 1998 s. 2)
(4) 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 shall 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 in part either abinitio or from such date as may be specified in the order, any contract or agreement made in contravention of this Ordinance.
(4A) 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. (Added 71 of 1997 s. 12)
(5) For the avoidance of doubt, it is hereby declared that damages in respect of an unlawful act of discrimination or harassment, or an act which is unlawful under section 46, may include compensation for injury to feelings whether or not they include compensation under any other head.

(Enacted 1995)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 74

Heading: Appeal against enforcement notice

Version Date: 30/06/1997

(1) Not later than 45 days after an enforcement 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)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 75

Heading: Investigation as to compliance with enforcement notice

Version Date: 30/06/1997

(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 68(2)(b) does not apply; and
(b) section 67(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 68(1) for the purposes of the investigation without needing to obtain the consent of the Chief Secretary.
(2) In subsection (1), "relevant period" 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)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 76

Heading: Register of enforcement notices

Version Date: 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)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 77

Heading: Persistent discrimination, harassment or vilification

Version Date: 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 72 that he has done an unlawful discriminatory act, an unlawful act of harassment or acts contravening section 46 or 47,
it appears to the Commission that unless restrained he is likely to do one or more acts falling within paragraph (b), or contravening section 41, 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)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 78

Heading: Enforcement of sections 42, 43, 44 and 45

Version Date: 30/06/1997

(1) Proceedings in respect of a contravention of section 42, 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 42, 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)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 80

Heading: Assistance by way of conciliation

Version Date: 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 85.
(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 85, 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)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 81

Heading: Assistance other than by way of conciliation

Version Date: 30/06/1997

(1) Where a complaint has been lodged under section 80(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 73C 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" means any rules made under the District Court Ordinance (Cap 336);
"respondent" includes a prospective respondent.

(Enacted 1995)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 82

Heading: Period within which proceedings to be brought

Version Date: 30/06/1997

Period within which proceedings to be brought

(1) The District Court shall not consider a claim under section 72 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 69,
whichever is the later.
(2) The District Court shall not consider an application under-
(a) section 78(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 78(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 80(1), then the period that elapsed between the date when the complaint was lodged and the date when conciliation under section 80 was concluded, as certified in writing by the Commission, shall be disregarded. (Added 71 of 1997 s. 13)
(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 80(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 Governor in Council may, by notice in the Gazette, amend subsection (1) by substituting a longer period for the period specified in that subsection.
(7) In this section, "relevant report" , in relation to an act referred to in subsection (1), means a report-
(a) published or made available for inspection under section 69; 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)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 83

Heading: Validity and revision of contracts

Version Date: 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 72 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)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 85

Heading: Rules

Version Date: 30/06/1997

(1) The Commission may make rules-
(a) to enable the Commission to make any arrangements necessary to assist any person with a disability to attend before it and provide information pursuant to section 68;
(b) prescribing the persons, or persons belonging to a class of persons, who may lodge a representative complaint under section 80(1);
(c) prescribing the matters to be taken into account by the Commission for the purposes of a determination under section 80(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 80;
(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 80;
(g) regulating the procedure of any conference held for the purposes of section 80;
(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)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 86

Heading: Regulations to empower Commission to bring certain proceedings

Version Date: 30/06/1997

(1) The Secretary for Health and Welfare may make regulations-
(a) where any person may bring proceedings under section 72(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 72(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 62(1). (Added 71 of 1997 s. 14)

(Enacted 1995)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 87

Heading: Amendment of Schedules

Version Date: 30/06/1997

(1) The Secretary for Health and Welfare may, by notice in the Gazette, amend Schedule 1 or 2.
(2) The Governor in Council may, by notice in the Gazette, amend Schedule 3, 4 or 5 but any notice to amend Schedule 5 shall be subject to the approval of the Legislative Council.

(Enacted 1995)


Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Section: 88

Heading: (Omitted as spent)

Version Date: 30/06/1997

(Omitted as spent)

(Enacted 1995)

Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Schedule: 2

Heading: DEVICES OR AIDS SPECIFIED AS PALLIATIVE OR THERAPEUTIC DEVICES OR AUXILIARY AIDS

Version Date: 30/06/1997

[sections 2, 63 & 87]

Description of device or aid (including trade or manufacturer's name if applicable)

Item

  1. Optacon reading aid for persons with visual impairment
  2. Braille writing device
  3. Low vision aid
  4. Hearing aid
  5. A telecommunications device for persons with hearing impairment
  6. Wheelchair or buggy
  7. Prosthesis
  8. Orthosis
  9. Walking aid
  10. Aid for dialysis therapy
  11. Speech aid
  12. Oxygen unit
  13. Aid for any activities of a personal nature, including a feeding aid and an aid in respect of toilet needs
  14. Urinary bag
  15. Stoma bag

(Enacted 1995)



Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Schedule: 3

Heading: PROVISIONS SPECIFIED FOR PURPOSES OF SECTION 12(3)(c)

Version Date: 30/06/1997

[sections 12, 57, 63 & 87]

(Enacted 1995)



Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Schedule: 4

Heading: DISCRIMINATION TO WHICH SECTIONS 26(1) AND 28 SHALL NOT APPLY

Version Date: 30/06/1997

[sections 32 & 87]

Provision creating illegality

Exception

Part III

Sections 11(3), 12(1)(b) and 19(3)

(Enacted 1995)



Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Schedule: 5

Heading: FURTHER EXCEPTIONS TO THIS ORDINANCE

Version Date: 30/06/1997

[sections 60, 63 & 87]

Provision creating illegality

Exception

(Enacted 1995)



Chapter: 487

Title: DISABILITY DISCRIMINATION ORDINANCE

Gazette Number:

Schedule: 6

Heading: (Omitted as spent)

Version Date: 30/06/1997

(Omitted as spent)

(Enacted 1995)