Hong Kong Ordinances

SEX DISCRIMINATION ORDINANCE - SECT 52

Communal accommodation

(1) In this section "communal accommodation" (公用住宿地方) means
residential accommodation which includes dormitories or other shared sleeping
accommodation which for reasons of privacy or decency should be used by men
only, or by women only (but which may include some shared sleeping
accommodation for men, and some for women, or some ordinary sleeping
accommodation).

(2) In this section "communal accommodation" (公用住宿地方) also
includes residential accommodation all or part of which should be used by men
only, or by women only, because of the nature of the sanitary facilities
serving the accommodation.

(3) Nothing in Part III or IV shall render unlawful sex  discrimination in the
admission of persons to communal accommodation if the accommodation is managed
in a way which, given the exigencies of the situation, comes as near as may be
to fair and equitable treatment of men and women.

(4) In applying subsection (3) account shall be taken of-

   (a)  whether and how far it is reasonable to expect that the accommodation
        should be altered or extended, or that further alternative
        accommodation should be provided; and

   (b)  the frequency of the demand or need for use of the accommodation by
        men as compared with women.

(5) Nothing in Part III or IV shall render unlawful sex  discrimination
against a woman, or against a man, in respect of the provision of any benefit,
facility or service if -

   (a)  the benefit, facility or service cannot properly and effectively be
        provided except for those using communal accommodation; and

   (b)  in the relevant circumstances the woman or the man, as the case may
        be, could lawfully be refused the use of the accommodation by virtue
        of subsection (3).

(6) Neither subsection (3) nor subsection (5) is a defence to an act of
sex discrimination under Part III unless such arrangements as are reasonably
practicable are made to compensate for the detriment caused by the
discrimination; but in considering under subsection (5)(b) whether the use of
communal accommodation could lawfully be refused (in a case based on Part
III), it shall be assumed that the requirements of this subsection have been
complied with in respect of subsection (3).

(7) This section is without prejudice to the generality of section  34 (1)(c).
(Enacted 1995)
      (1) In this section "communal accommodation" (共用住宿地方) means 

 residential  accommodation  which   includes  dormitories  or  other  
shared
sleeping accommodation which for reasons of privacy or decency should be
used by men only, or by women only (but which may include some shared
sleeping accommodation for men, and some for women, or some ordinary
sleeping accommodation).
      (2) In this section "communal accommodation" (共用住宿地方) also 

includes residential accommodation all or part of which should be used
by men only, or by women only, because of the nature of the sanitary
facilities serving the accommodation.