Hong Kong Ordinances

SEX DISCRIMINATION ORDINANCE - SECT 34

Further exceptions from sections 28(1) and 29

(1) A person who provides at any place facilities or services restricted to
men does not for that reason contravene section 28(1) if-

   (a)  the place is, or is part of, a hospital, reception centre or other
        establishment for persons requiring special care, supervision or
        attention;

   (b)  the place is (permanently or for the time being) occupied or used for
        the purposes of an organized religion, and the facilities or services
        are restricted to men so as to comply with the doctrines of that
        religion or to avoid offending the religious susceptibilities of
        common to its followers; or

   (c)  the facilities or services are provided for, or are likely to be used
        by, 2 or more persons at the same time, and-

        (i)    the facilities or services are such, or those persons are such,
               that male users are likely to suffer serious embarrassment at
               the presence of a woman; or

        (ii)   the facilities or services are such that a user is likely to be
               in a state of undress and a male user might reasonably object
               to the presence of a female user.

(2) A person who provides facilities or services restricted to men shall not
for that reason contravene section 28(1) if the services or facilities are
such that physical contact between the user and any other person is likely,
and that other person might reasonably object if the user were a woman.

(3) Sections 28(1) and 29 shall not apply-

   (a)  to discrimination which is rendered unlawful by any provision or Part
        of this Ordinance specified in column 1 of Schedule 4; or

   (b)  to discrimination which would be so unlawful but for any provision or
        Part of this Ordinance specified in column 2 of that Schedule.
        (Enacted 1995)