Cap. 480 《性別歧視條例》Sex Discrimination Ordinance

This Ordinance may be cited as the Sex Discrimination Ordinance.

(Omitted as spent—E.R. 1 of 2013)

In this Ordinance, unless the context otherwise requires—

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—

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notice or a finding by the District Court becomes final when an appeal against the notice or finding is dismissed, withdrawn or abandoned or when the time for appealing expires without an appeal having been brought; and for this purpose an appeal against an enforcement notice shall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

(Repealed 29 of 2008 s. 91)

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

(Repealed 29 of 2008 s. 91)

In subsection (5)—

A provision of Part 3 or 4 framed with reference to harassment of women shall be treated as applying equally to the treatment of men and for that purpose that provision, and subsections (5) and (7), shall have effect with such modifications as are necessary. (Amended 3 of 2021 s. 4)

Subsection (8) does not apply to a provision of Part 3 or 4 framed with reference to harassment of women if the harassment is harassment within the meaning of section 2A. (Added 3 of 2021 s. 4)

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.

For the purposes of this Ordinance (other than section 2(5)), a person harasses a woman if, on the ground that the woman is breastfeeding—

In subsection (1)—

A person discriminates against a woman in any circumstances relevant for the purposes of any provision of this Ordinance if—

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

Section 5, and the provisions of Parts 3 and 4 relating to sex discrimination against women, shall be read as applying equally to the treatment of men, and for that purpose shall have effect with such modifications as are necessary.

In the application of subsection (1) no account shall be taken of special treatment afforded to women in connection with pregnancy, childbirth or breastfeeding. (Amended 8 of 2020 s. 6)

A person discriminates against a person of either sex in any circumstances relevant for the purposes of any provision of Part 3 or 4 if—

For the purposes of subsection (1), a provision of Part 3 or 4 framed with reference to discrimination against women shall be treated as applying equally to the treatment of men, and for that purpose shall have effect with such modifications as are necessary.

A person (the discriminator) discriminates against a woman in any circumstances relevant for the purposes of Part 3 or 4 if the discriminator—

For the purposes of this section—

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.

For the purposes of subsection (1), a provision of Part 3 or 4 framed with reference to discrimination against, or harassment of, women shall be treated as applying equally to the treatment of men and for that purpose shall have effect with such modifications as are necessary. (Amended 3 of 2021 s. 6)

Subsection (3) does not apply to a provision of Part 3 or 4 framed with reference to harassment of women if the harassment is harassment within the meaning of section 2A. (Added 3 of 2021 s. 6)

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

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

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

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

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

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

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

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.

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

In relation to sex discrimination—

Being a man is a genuine occupational qualification for a job only where—

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

Paragraph (a), (b), (d), (e), (f) or (h) of subsection (2) shall not apply in relation to the filling of a vacancy at a time when the employer already has male employees— (Amended 18 of 2014 s. 14)

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

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

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

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

In this section—

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.

Subsection (1) shall not apply to—

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.

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.

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.

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

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

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

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

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

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).

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

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.

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

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

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

(Repealed 71 of 1997 s. 4)

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

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—

in, or in connection with, the carrying on of any profession or trade.

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

In this section—

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

Subsection (1) shall not apply to—

It is unlawful for an employment agency to discriminate against a woman—

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

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

An employment agency shall not be subject to any liability under this section if it proves—

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

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.

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

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

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

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

Subsection (1) shall not render unlawful—

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

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

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

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

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

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

It is unlawful for a contract worker to harass a woman who is a fellow contract worker.

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

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

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

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

It is unlawful for a commission agent to harass a woman who is a fellow commission agent.

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

It is unlawful for a person residing in any premises to harass a woman— (Amended 3 of 2021 s. 13)

(Amended 3 of 2021 s. 13)

It is unlawful for a person who is a workplace participant to harass a woman who is also a workplace participant at a workplace of them both. (Amended 3 of 2021 s. 7)

In this section—

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

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

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

It is unlawful for a person who—

to harass a woman in the course of offering to provide, or providing, any of the agency’s services to her.

(Amended 3 of 2021 s. 8)

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

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

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

Where at any time—

then the responsible body may, by notice served on the Commission, specify the date on which that determination is to take effect.

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

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

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

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

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

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

It is unlawful for a person, in relation to premises managed by him, to discriminate against a woman occupying the premises—

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.

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

Subsection (1) shall not apply if—

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.

In this section—

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

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

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

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

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

even though membership of the body is open to the public, or to a section of the public.

Nothing in section 28 or 29 shall—

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

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

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

Sections 28(1) and 29 shall not apply—

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

In this section, a reference to a relevant position includes membership of a public body, a public authority, and a prescribed position, and the positions of Rural Representative or member or office-holder of a Rural Committee within the meaning of the Heung Yee Kuk Ordinance (Cap. 1097). (Amended 5 of 2014 s. 2)

It is unlawful for a person to discriminate against another person in—

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

Notwithstanding anything in the Heung Yee Kuk Ordinance (Cap. 1097) or in any other Ordinance, the Secretary for Home and Youth Affairs shall not— (Amended L.N. 144 of 2022)

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

It is unlawful for a barrister or barrister’s clerk, in relation to any offer of a pupillage or tenancy, to discriminate against a woman—

It is unlawful for a barrister or barrister’s clerk, in relation to a woman who is a pupil or tenant in the chambers concerned, to discriminate against her—

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

In this section—

It is unlawful for a club, the committee of management of a club or a member of the committee of management of a club to discriminate against a woman who is not a member of the club—

It is unlawful for a club, the committee of management of a club or a member of the committee of management of a club to discriminate against a woman who is a member of the club—

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

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

Subsection (1) shall not render unlawful—

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

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

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

It is unlawful for a person who is seeking to be, or who is, a student of an educational establishment to harass a woman— (Amended 3 of 2021 s. 13)

the establishment.

(Amended 3 of 2021 s. 13)

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

It is unlawful for a person to harass a woman in the course of— (Amended 3 of 2021 s. 10)

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

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

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 woman seeking the licence or consent for disposal of the premises to her.

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

It is unlawful for a barrister or barrister’s clerk, in relation to any chambers, to harass a woman— (Amended 3 of 2021 s. 10)

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

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

Section 28(1)—

Section 28(1) applies to the provision of facilities for travel outside Hong Kong where the refusal or omission occurs in Hong Kong or on a ship, aircraft or dynamically supported craft referred to in subsection (3).

Section 28(1) applies on and in relation to—

even if the ship, aircraft or dynamically supported craft is outside Hong Kong.

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

Section 25 shall not apply to benefits, facilities or services outside Hong Kong except—

Section 40(1) and (1A) does not apply to harassment that occurs outside Hong Kong except as provided in subsection (7). (Added 19 of 2014 s. 4. Amended 3 of 2021 s. 12)

Section 40(1) and (1A) applies to harassment that occurs on a ship, aircraft or dynamically supported craft referred to in subsection (3) even if it is outside Hong Kong. (Added 19 of 2014 s. 4. Amended 3 of 2021 s. 12)

In this section—

A person acts in contravention of this section if and so long as—

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

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 3 or 4.

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

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

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

It is unlawful to induce, or attempt to induce, a person to do any act which contravenes Part 3 or 4 by—

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.

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.

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.

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.

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

This section applies for the purposes of section 23A.

For the avoidance of doubt, this section does not apply for the purposes of any criminal proceedings.

An act done by an intern in the course of an internship is to be treated as an act done—

In proceedings brought under this Ordinance against a person in respect of an act alleged to have been done by an intern engaged by the person, it is a defence for the person to prove that the person took reasonably practicable steps to prevent the intern—

Subsections (6) and (7) apply if a volunteer is engaged by another person to perform volunteer work.

An act done by a volunteer in the course of performing volunteer work is to be treated as an act done—

In proceedings brought under this Ordinance against a person in respect of an act alleged to have been done by a volunteer engaged by the person, it is a defence for the person to prove that the person took reasonably practicable steps to prevent the volunteer—

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.

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

For the purposes of subsection (1), if a person who engaged an intern—

the intern is deemed to aid the doing of the act by that person. (Added 8 of 2020 s. 22)

For the purposes of subsection (1), if a person who engaged a volunteer—

the volunteer is deemed to aid the doing of the act by that person. (Added 8 of 2020 s. 22)

A person does not under this section knowingly aid another to do an unlawful act if—

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.

Nothing in Part 3, 4 or 5 shall—

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

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

In this section—

Nothing in Part 3 or 4 shall render unlawful sex discrimination in the admission of persons to communal accommodation if the accommodation is managed in a way which, given the exigencies of the situation, comes as near as may be to fair and equitable treatment of men and women.

In applying subsection (3) account shall be taken of—

Nothing in Part 3 or 4 shall render unlawful sex discrimination against a woman, or against a man, in respect of the provision of any benefit, facility or service if—

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

This section is without prejudice to the generality of section 34(1)(c).

Nothing in Part 3, 4 or 5 shall render unlawful any act done in relation to particular work by any person in, or in connection with—

where it reasonably appears to that person that at any time within the 12 months immediately preceding the doing of the act there were no persons of the sex concerned doing that work in Hong Kong, or the number of persons of that sex doing the work in Hong Kong was comparatively small.

Nothing in Part 3, 4 or 5 shall render unlawful any act done by any person in, or in connection with, affording persons access to facilities for training which would help to fit them for employment, where it reasonably appears to that person that those persons are in special need of training by reason of the period for which they have been discharging domestic or family responsibilities to the exclusion of regular full time employment.

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

This section shall not apply in relation to any discrimination which is rendered unlawful by section 11.

Nothing in Part 3, 4 or 5 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—

where at any time within the 12 months immediately preceding the doing of the act there were no persons of the sex concerned among those doing that work or the number of persons of that sex doing the work was comparatively small.

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

where at any time within the 12 months immediately preceding the doing of the act there were no persons of the sex concerned among persons holding such posts in the organization or the number of persons of that sex holding such posts was comparatively small.

Nothing in Part 3, 4 or 5 shall render unlawful any act done by an organization to which section 16 applies in, or in connection with, encouraging women only, or men only, to become members of the organization where at any time within the 12 months immediately preceding the doing of the act there were no persons of the sex concerned among those members or the number of persons of that sex among the members was comparatively small.

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

where in the opinion of the organization the provision is in the circumstances needed to secure a reasonable lower limit to the number of members of that sex serving on the body; and nothing in Part 3, 4 or 5 shall render unlawful any act done in order to give effect to such a provision.

This section shall not be taken as making lawful—

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

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

For avoidance of doubt, it is hereby declared that nothing in Part 3, 4 or 5 renders it unlawful for a person to refuse or omit to provide a benefit or allowance relating to housing, education, air-conditioning, passage or baggage to a married person if the married person’s spouse receives or has received the same or a similar benefit or allowance, whether from the first-mentioned person or from another.

In this section—

Nothing in Part 4 or 5 renders unlawful any discrimination between persons of different marital status arising from the provision of any reproductive technology procedure.

Nothing in—

shall render unlawful any act done by a person in relation to a woman if—

In subsection (1)—

(Repealed 18 of 2014 s. 17)

Nothing in—

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.

In subsection (1), the relevant provisions of Part 4 (第4部的有關條文) means the provisions of Part 4 except so far as they apply to vocational training or harassment. (Amended 3 of 2021 s. 12)

Nothing in Part 3, 4 or 5 shall render unlawful an act done for the purpose of safeguarding the security of Hong Kong.

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

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

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

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

Nothing in Part 3, 4 or 5 shall render unlawful any act done by any person—

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

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

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

each being an individual who is not a public officer.

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

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

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

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

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

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

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

The Commission shall—

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

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

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

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

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

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

Without prejudice to the generality of section 64(1), the Commission, pursuant to its functions under paragraphs (a) and (b) of that section, shall keep Schedule 5 under review. (Amended 18 of 2014 s. 18)

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

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

The Commission shall not delegate any of its functions or powers under—

A delegate of the Commission—

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

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

Subsection (1) applies to the following persons— (Amended 18 of 2014 s. 19)

The Commission may issue codes of practice containing such practical guidance as it thinks fit for the purposes of—

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.

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

as appear to the Commission to be appropriate.

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

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.

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

that period shall be deemed to extend to and expire on the day after that second sitting.

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

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

A code of practice issued under this section shall come into operation—

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.

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.

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.

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

as the Commission thinks fit and subject to such modifications, if any, to those provisions as the Commission thinks fit and specified in the code.

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.

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

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

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.

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—

and a person so named who avails himself of an opportunity under this subsection of making oral representations may be represented—

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

For the purposes of a formal investigation the Commission, by a notice in the prescribed form served on him in the prescribed manner—

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

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

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

A person commits an offence if he—

and is liable on conviction to a fine at level 4.

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—

the Commission shall make those recommendations accordingly.

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

If the formal investigation is one required by the Chief Secretary for Administration—

and unless required by the Chief Secretary for Administration the Commission shall not publish the report. (Amended L.N. 362 of 1997)

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

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—

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.

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

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—

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

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.

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.

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

A claim by any person (the claimant) that another person (the respondent)—

may be made the subject of civil proceedings in like manner as any other claim in tort.

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.

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

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

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

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

Subsection (5) does not apply in relation to an unlawful act of discrimination falling within section 5(1)(b), 7(1)(b) or 8(b) that is committed on or after the commencement date of Part 9 of the Discrimination Legislation (Miscellaneous Amendments) Ordinance 2020 (8 of 2020). (Added 8 of 2020 s. 42)

For the avoidance of doubt, it is hereby declared that damages in respect of an unlawful act of discrimination or harassment may include compensation for injury to feelings whether or not they include compensation under any other head. (Amended 3 of 2021 s. 12)

(Repealed 71 of 1997 s. 6)

This section applies to any act which is—

and so applies whether or not proceedings have been brought in respect of the act.

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

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

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

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

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

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.

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.

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

If—

the Commission may within the relevant period serve notices under section 72(1) for the purposes of the investigation without needing to obtain the consent of the Chief Secretary for Administration. (Amended L.N. 362 of 1997)

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

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.

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.

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

The proceedings shall be—

or both.

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

If it appears to the Commission—

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.

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.

The financial penalty imposed under subsection (5) shall not exceed $10,000 for the first occasion on which a penalty is imposed, and $30,000 for the second and any subsequent occasion on which a penalty is imposed in respect of the same person.

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

The Commission may—

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

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

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.

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

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

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—

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—

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.

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

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

The Commission shall consider an application under subsection (1) and may grant it if it thinks fit to do so, in particular where—

Assistance by the Commission under this section may include—

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

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—

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.

In this section—

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

whichever is the later.

The District Court shall not consider an application under—

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

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.

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

For the purposes of this section—

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.

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

A term of a contract is void where—

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.

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.

Subsection (3) shall not apply to a contract settling a claim to which section 76 applies.

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.

An order under subsection (5) may include provision as respects any period before the making of the order.

The Commission may make rules—

Any rules made under subsection (1) may—

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.

The Secretary for Constitutional and Mainland Affairs may make regulations— (Amended L.N. 130 of 2007)

Any regulations made under this section shall be subject to the approval of the Legislative Council.

This section is without prejudice to the Commission’s power to bring proceedings by way of judicial review, in relation to this Ordinance or any other law, pursuant to its functions under section 64(1). (Added 71 of 1997 s. 9)

The Chief Executive in Council may, by notice in the Gazette, amend Schedule 1, 4 or 5 but any notice to amend Schedule 5 shall be subject to the approval of the Legislative Council. (Amended 71 of 1997 s. 10; 66 of 1999 s. 3; 18 of 2014 s. 20)

The Legislative Council may, by resolution, amend Schedule 6.

The provisions of Schedule 7 shall have effect as transitional provisions for the purposes of this Ordinance.

(Omitted as spent—E.R. 1 of 2013)