Hong Kong Ordinances

SEX DISCRIMINATION ORDINANCE - SECT 76

Claims under Part III or IV

(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) A claim by any person ("the claimant") that another person
("the respondent")-

   (a)  has committed an act of discrimination against the claimant which is
        unlawful by virtue of Part III or IV;

   (b)  (Repealed 29 of 2008 s. 95)

   (c)  has committed an act of sexual harassment against the claimant
which is unlawful by virtue of Part III or IV; or   (Amended 29 of 2008 s. 
95)

   (d)  is to be treated, by virtue of section 46 or 47, as having committed
        an act of discrimination or sexual harassment referred to in paragraph
        (a) or (c) against the claimant, (Added 29 of 2008 s. 95) may be made
        the subject of civil proceedings in like manner as any other claim in
        tort.

(2) Subsection (1) shall not apply to a claim under section 17(1) of an act in
respect of which an appeal, or proceedings in the nature of an appeal, may be
brought under any enactment.

(3) Proceedings under subsection (1) shall be brought in the District Court
but all such remedies shall be obtainable in such proceedings as, apart from
this subsection and section 75(1), would be obtainable in the Court of First
Instance. (Amended 25 of 1998 s. 2)

(3A) Without limiting the generality of the power conferred by subsection (3),
the District Court may-

   (a)  make a declaration that the respondent has engaged in conduct, or
        committed an act, that is unlawful under this Ordinance, and order
        that the respondent shall not repeat or continue such unlawful conduct
        or act;

   (b)  order that the respondent shall perform any reasonable act or course
        of conduct to redress any loss or damage suffered by the claimant;

   (c)  order that the respondent shall employ or re-employ the  claimant;

   (d)  order that the respondent shall promote the claimant;

   (e)  order that the respondent pay to the claimant damages by way of
        compensation for any loss or damage suffered by reason of
        the respondent's conduct or act;

   (f)  order that the respondent shall pay to the claimant punitive or
        exemplary damages; or

   (g)  make an order declaring void in whole or part and either ab initio or
        from such date as may be specified in the order, any contract or
        agreement made in contravention of this Ordinance. (Added 71 of 1997
        s. 7)

(4) By virtue of this subsection and notwithstanding any law, the District
Court shall have jurisdiction to hear and determine any proceedings under
subsection (1) and shall have all such powers as are necessary or expedient
for it to have in order to provide, grant or make any remedy, injunction or
order mentioned in this Ordinance. (Replaced 71 of 1997 s. 6)

(5) In respect of an unlawful act of discrimination falling within
section 5(1)(b), 7(1)(b) or 8(b), no award of damages shall be made if the 
respondent proves that the requirement or condition concerned was not applied
with the intention of treating the claimant unfavourably on the ground of
the claimant's sex, marital status or pregnancy, as the case may be.

(6) For the avoidance of doubt, it is hereby declared that damages in respect
of an unlawful act of discrimination or sexual harassment may include
compensation for injury to feelings whether or not they include compensation
under any other head.

(7)-(8) (Repealed 71 of 1997 s. 6)