Hong Kong Ordinances

SEX DISCRIMINATION ORDINANCE - SECT 35

Discrimination in eligibility to vote for and to be elected or appointed to advisory bodies

(Past version on 30/06/1997).

Advisory bodies

(1) In this section, a reference to a relevant body means a public body, a
public authority, a statutory advisory body, or a prescribed body.

(2) In this section, a reference to a relevant position includes membership of
a public body, a public authority, and a prescribed position, and the
positions of Village Representative or member or office-holder of a Rural
Committee within the meaning of the Heung Yee Kuk  Ordinance ( Cap 1097).

(3) It is unlawful for a person to discriminate against another person in-

   (a)  determining the eligibility of a person to stand for election to a
        relevant body or relevant position, or to be selected for a relevant
        position;

   (b)  the terms or conditions on which a person is considered eligible to
        stand for election to a relevant body or relevant position, or to be
        selected for a relevant position;

   (c)  determining the eligibility of a person to vote in elections of
        members of a relevant body or the holder of a relevant position, or to
        take part in the selection of the holder of a relevant position;

   (d)  the terms or conditions on which a person is considered eligible to
        vote in elections of members of a relevant body or the holder of a
        relevant position, or to take part in the selection of the holder of a
        relevant position;

   (e)  considering whether a person should be appointed as a member of a
        relevant body, where some or all of the members of that body are
        appointed; or

   (f)  considering whether a person should be appointed to a relevant
        position, approved as a member of a relevant body or recognized as
        holding a relevant position.

(4) This section shall have effect, notwithstanding the provisions of any
Ordinance which provide that a person of a particular sex or marital status is
not eligible to stand for election, or to be select for, a relevant body or
position, or to vote in elections for or to take part in the selection of
members of a relevant body or the holder of a relevant position.

(5) Notwithstanding anything in the Heung Yee Kuk Ordinance ( Cap  1097) or in
any other Ordinance, the Secretary for Home Affairs shall not-

   (a)  (Repealed 2 of 2003 s. 68)

   (b)  issue a certificate recognizing a body as a Rural Committee;

   (c)  approve a person as a Special or Co-opted Councillor, where that
        person or body (or any of its members) has been elected or otherwise
        chosen by a procedure in which women have not been able to participate
        on equal terms with men, whether as candidates, nominees, electors or
        in some other relevant capacity. (Enacted 1995)