Hong Kong Ordinances

SEX DISCRIMINATION ORDINANCE - SECT 11

Discrimination against applicants and employees

(Past version on 15/10/1997).
(Past version on 01/07/1997).
(Past version on 30/06/1997).

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

DISCRIMINATION AND SEXUAL HARASSMENT IN EMPLOYMENT FIELD

Discrimination by employers

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(directly or indirectly) has control.

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

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

   (b)  amend subsection (7) by substituting another anniversary for the
        anniversary appearing in that subsection. (Enacted 1995)
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        ______ Note:

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