Hong Kong Ordinances

SEX DISCRIMINATION ORDINANCE - SECT 30

Discrimination: consent for assignment or sub-letting

(1) Where the licence or consent of the landlord or of any other person is
required for the disposal to any person of premises in Hong Kong comprised in
a tenancy, it is unlawful for the landlord or other person to discriminate
against a woman by withholding the licence or consent for disposal of the
premises to her.

(2) Subsection (1) shall not apply if-

   (a)  the person withholding a licence or consent, or a near relative
of his ("the relevant occupier") resides, and intends to continue to reside,
on the premises;

   (b)  there is on the premises, in addition to the accommodation occupied by
        the relevant occupier, accommodation (not being storage accommodation
        or means of access) shared by the relevant occupier with other persons
        residing on the premises who are not members of his household; and

   (c)  the premises are small premises as construed in accordance with
        section 31(2).

(3) For the avoidance of doubt, it is hereby declared that this section
applies to tenancies created before the enactment of this Ordinance as well as
to tenancies created on or after the enactment of this Ordinance.

(4) In this section-

"disposal" (處置), in relation to premises comprised in a tenancy, includes
assignment of the tenancy and sub-letting or parting with possession of the
premises or any part of the premises;

"tenancy" (租賃) means a tenancy created-

   (a)  by a lease or sub-lease;

   (b)  by an agreement for a lease or sub-lease;

   (c)  by a tenancy agreement; or

   (d)  pursuant to any enactment. (Enacted 1995)

"disposal" (處置), in relation to premises comprised in a tenancy, includes
assignment of the tenancy and sub-letting or parting with possession of the
premises or any part of the premises;

"tenancy" (租賃) means a tenancy created-

   (a)  by a lease or sub-lease;

   (b)  by an agreement for a lease or sub-lease;

   (c)  by a tenancy agreement; or

   (d)  pursuant to any enactment.