Hong Kong Ordinances

SEX DISCRIMINATION ORDINANCE - SECT 15

Partnerships

(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 Discrimination
by other bodies

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

        (b)	repealing the words and number appearing after "for a firm" and 
before ", in relation to". (Enacted 1995)
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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.