HKLII Hong Kong Ordinances

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SEX DISCRIMINATION ORDINANCE - SECT 46

Liability of employers and principals

(1) Anything done by a person in the course of his employment shall be treated
for the purposes of this Ordinance as done by his employer as well as by him,
whether or not it was done with the employer's knowledge or approval.

(2) Anything done by a person as agent for another person with the authority
(whether express or implied, and whether precedent or subsequent) of that
other person shall be treated for the purposes of this Ordinance as done by
that other person as well as by him.

(3) In proceedings brought under this Ordinance against any person in respect
of an act alleged to have been done by an employee of his it shall be a
defence for that person to prove that he took such steps as were reasonably
practicable to prevent the employee from doing that act, or from doing in the
course of his employment acts of that description.

(4) For the avoidance of doubt, it is hereby declared that this section shall
not apply for the purposes of any criminal proceedings. (Enacted 1995)



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