Hong Kong Ordinances

SEX DISCRIMINATION ORDINANCE - SECT 2

Interpretation

Caution: This is a past version. See the current version here.

(1) In this Ordinance, unless the context otherwise requires- "access"
(獲得、享用) means access as construed in accordance with section 56;
"act" (作為) includes a deliberate omission; "advertisement" (廣告)
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; "Chairperson" (主席) means the
        Chairperson of the Commission appointed under section 63(3)(a); "club"
        (會社) 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"
        (委員會) means the Equal Opportunities Commission established under
        section 63(1); "commission agent" (佣金經紀人) means
        commission agent as construed in accordance with section 20;
        "committee" (小組委員會) means a committee established under
        section 64(2)(a); "committee of management" (管理委員會), in
        relation to a club, means the group or body of persons (howsoever
        described) that manages the affairs of that club; "conciliator"
        (調解人) means any person engaged by the Commission under
        section 64(2)(e); "contract worker" (合約工作者) means
        contract worker as construed in accordance with section 13;
        "discrimination" (歧視) means any discrimination falling within
        section 5, 6, 7, 8 or 9, and related expressions shall be construed
        accordingly; "dispose" (處置), 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" (動力承托的航行器) has the same meaning as in
        the Shipping and Port Control Ordinance ( Cap 313); (Amended L.N. 315
        of 1998) "education" (教育) includes any form of training or
        instruction; "educational establishment" (教育機構) means an
        educational establishment specified in column 1 of Schedule 1;
        "employment" (僱用) 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"
        (職業介紹所) 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" (執行通知)
        means a notice under section 77(2); "estate agent" (地產中介人)
        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" (商號) means
        firm within the meaning of the Partnership Ordinance ( Cap 38);
        "formal investigation" (正式調查) means an investigation under
        section 70; "general notice" (一般通告), 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" (真正的職業資格) means
        genuine occupational  qualification as construed in accordance with
        section 12(2); "man" (男性) includes a male of any age; "marital
        status" (婚姻狀況) means the state or condition of being-

   (a)  single;

   (b)  married;

   (c)  married but living separately and apart from one's spouse;

   (d)  divorced; or

   (e)  widowed; "notice" (通告、通知) means a notice in writing;
        "prescribed" (訂明) means prescribed in rules made under section 88;
        "profession" (專業) includes any vocation or occupation;
        "responsible body" (負責組織), in relation to an
        educational establishment, means the body specified in column 2 of
        Schedule 1 opposite that establishment; "retirement" (退休) includes
        retirement (whether voluntary or not) on grounds of age, length of
        service or incapacity; "sex discrimination" (性別歧視) means any
        discrimination falling within section 5 or 6; "single-sex
        establishment" (單性別機構) means single-sex establishment as
        construed in accordance with section 26; "trade" (行業) includes any
        business; "training" (訓練) includes any form of education or
        instruction; "woman" (女性) includes a female of any age.

(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) 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).

(4) 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" (子女) includes an illegitimate
child and the wife or husband of an illegitimate child.

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

   (a)  the person-

        (i)    makes an unwelcome sexual advance, or an unwelcome request for
               sexual favours, to her; or

        (ii)   engages in other unwelcome conduct of a sexual nature in
               relation to her, in circumstances in which a reasonable person,
               having regard to all the circumstances, would have anticipated
               that she would be offended, humiliated or intimidated; or

   (b)  the person, alone or together with other persons, engages in
        conduct of a sexual nature which creates a sexually hostile or
        intimidating work environment for her.

(6) For the avoidance of doubt, it is hereby declared that paragraph (b) of
subsection (5) shall not apply for the purposes of sections 39 and 40.

(7) In subsection (5)- "conduct of a sexual nature" (涉及性的行徑)
includes making a statement of a sexual nature to a woman, or in her presence,
whether the statement is made orally or in writing.

(8) A provision of Part III or IV framed with reference to sexual 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.

(9) Subject to subsection (10), in this Ordinance "existing statutory
provision" (現有法例條文) 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) "access"
(獲得、享用)

"act" (作為) "advertisement" (廣告) "Chairperson" (主席)

"club" (會社) "Commission" (委員會) "commission agent" (佣金經紀人)
"committee" (小組委員會) "committee of management" (管理委員會)
"conciliator" (調解人) "contract worker" (合約工作者)

"discrimination" (歧視)

"dispose" (處置) "dynamically supported craft" (動力承托的航行器)

"education" (教育)

"educational establishment" (教育機構) "employment" (僱用)

"employment agency" (職業介紹所) "enforcement notice" (執行通知)
"estate agent" (地產中介人) "firm" (商號) "formal investigation"
(正式調查)

"general notice" (一般通告) "genuine occupational qualification"
(真正的職業資格) "man" (男性) "marital status" (婚姻狀況)

"notice" (通告、通知) "prescribed" (訂明)

"profession" (專業)

"responsible body" (負責組織) "retirement" (退休) "sex discrimination"
(性別歧視) "single-sex establishment" (單性別機構) "trade" (行業)

"training" (訓練) "woman" (女性)

"child" (子女) "conduct of a sexual nature" (涉及性的行徑)

"existing statutory provision" (現有法例條文)