Hong Kong Ordinances

SEX DISCRIMINATION ORDINANCE - SECT 5

Sex discrimination against women

PART II

DISCRIMINATION TO WHICH ORDINANCE APPLIES

(1) A person discriminates against a woman in any circumstances relevant for
the purposes of any provision of this Ordinance if-

   (a)  on the ground of her sex he treats her less favourably than he treats
        or would treat a man; or

   (b)  he applies to her a requirement or condition which he applies or would
        apply equally to a man but-

        (i)    which is such that the proportion of women who can comply with
               it is considerably smaller than the proportion of men who can
               comply with it;

        (ii)   which he cannot show to be justifiable irrespective of the sex
               of the person to whom it is applied; and

        (iii)  which is to her detriment because she cannot comply with it.

(2) If a person treats or would treat a man differently according to the man's
marital status, his treatment of a woman is for the purposes of subsection
(1)(a) to be compared to his treatment of a man having the like
marital status. (Enacted 1995)