Hong Kong Ordinances

SEX DISCRIMINATION ORDINANCE - SECT 31

Exceptions for small dwellings

(Past version on 30/06/1997).

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

(1) Sections 28(1) and 29 shall not apply to the provision by a person of
accommodation in any premises, or the disposal of premises by him, if-

        (a)	that person 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.

(2) Premises shall be treated for the purposes of subsection (1) as small
premises if-

   (a)  in the case of premises comprising residential accommodation for one
        or more households (under separate letting or similar agreements) in
        addition to the accommodation occupied by the relevant occupier, there
        is not normally residential accommodation for more than 2 such
        households and only the relevant occupier and any member of his
        household reside in the accommodation occupied by him;

   (b)  in the case of premises not falling within paragraph (a), there is not
        normally residential accommodation on the premises for more than 6
        persons in addition to the relevant occupier and any members of his
        household.

(3) The Chief Executive in Council may, by notice in the Gazette, amend
subsection (2)(b) by substituting another number for the number appearing in
that subsection. (Amended 66 of 1999 s. 3) (Enacted 1995)