Hong Kong Ordinances

SEX DISCRIMINATION ORDINANCE - SECT 28

Discrimination in provision of goods, facilities or services

(Past version on 30/06/1997).

Goods, facilities, services and premises

(1) 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-

   (a)  by refusing or deliberately omitting to provide her with any of them;
        or

   (b)  by refusing or deliberately omitting to provide her with goods,
        facilities or services of the like quality, in the like manner and on
        the like terms as are normal in his case in relation to male members
        of the public or (where she belongs to a section of the public) to
        male members of that section.

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

   (a)  access to and use of any place which members of the public or a
        section of the public are permitted to enter;

   (b)  accommodation in a hotel, guesthouse or other similar establishment;

   (c)  facilities by way of banking or insurance or for grants, loans, credit
        or finance;

   (d)  facilities for education;

   (e)  facilities for entertainment, recreation or refreshment;

   (f)  facilities for transport or travel;

   (g)  the services of any profession or trade;

   (h)  the services of-

   (i)  -(ii) (Repealed 78 of 1999 s. 7)

        (iii)  any department of the Government; or

        (iv)   any undertaking by or of the Government.

(3) 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. (Enacted 1995)