Legislative Council of Hong Kong

“ Discrimination on the ground of race of near relative
In any circumstances relevant for the purposes of any provision of this Ordinance, a person (“the discriminator”) discriminates against another person (“relevant person”) if, on the ground of the race of a near relative of the relevant person, the discriminator treats the relevant person less favourably than the discriminator treats or would treat another person not having a near relative of the same racial group as the near relative of the relevant person. ”

“ The principal does not contravene subsection (2) (b) by doing any act in relation to a person not of a particular racial group at a time when, if the work were to be done by a person taken into the principal’s employment, being of that racial group would be a genuine occupational qualification for the job. ”

“ Section 36 does not apply to, or in relation to, a club the main object of which is to enable the benefits of membership to be enjoyed by persons of a particular racial group defined otherwise than by reference to colour. ”

“ Anything done by a person in the course of the person’s employment is to be treated for the purposes of this Ordinance as done by that person’s employer as well as by that person, whether or not it was done with the employer’s knowledge or approval. ”

“ Meaning of employment at establishment in Hong Kong
(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 or her work wholly or mainly outside Hong Kong. ”

“ In this section—
(a) “group of companies” (公司集團) means a group of companies within the meaning of the Companies Ordinance (Cap. 32) ; (b) an employee is transferred within the same group of companies if the termination of the employment of the employee by one employer is immediately followed by the employment of the employee by another employer, both employers being at that time within the same group of companies; and a reference to transfer of employment within the same group of companies shall be construed accordingly. ”

“ In proceedings brought under this Ordinance against any other person in respect of an act alleged to have been done by an employee of that person, it is a defence for that other person to prove that he or she took such steps as were reasonably practicable to prevent the employee from doing that act, or from doing in the course of the employee’s employment acts of that description. ”

“ For the purposes of subsection (1) (a) , it is immaterial whether a person is actually incited, by an activity, to— (a) hatred towards; (b) serious contempt for; or (c) severe ridicule of, another person with a disability or members of a class of persons with a disability. (3) A person who commits an offence under subsection (1) is liable on conviction to a fine at level 6 and to imprisonment for 2 years.”. ”

“ 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. ”

“ A judicial officer, an ICAC officer or any other public officer, who is an employee specified in section 3, 4 or 5 remains an employee so specified, whether or not the service of the officer was or is pursuant to any extension, any renewal or re-engagement after termination and whether or not the officer was or has been promoted. ”

“ The Commission shall—
(a) work towards the elimination of discrimination; (b) promote equality of opportunity and harmony between persons of different racial groups generally; (c) work towards the elimination of harassment and vilification; (d) in the case of any act alleged to be unlawful by virtue of this Ordinance, encourage persons who are concerned with the matter to which act relates to effect a settlement of the matter by conciliation, whether under section 78 or otherwise ”

“ Register of enforcement notices
(1) The Commission shall establish and maintain a register (“the register”) of enforcement notices which have become final.
(2) A person is entitled, on payment of a 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. ”

“ In the course of preparing any code of practice for eventual publication under subsection (2) , the Commission shall consult such associations, organizations, associations of organizations or bodies as appear to the Commission to be appropriate including any associations, organizations, associations of organizations or bodies specified by the Secretary for Constitutional and Mainland Affairs by notice published in the Gazette. ”