Hong Kong Ordinances

SEX DISCRIMINATION ORDINANCE - SECT 82

Enforcement of sections 43, 44 and 45

(1) Proceedings in respect of a contravention of section 43, 44 or 45 shall be
brought only by the Commission in accordance with the provisions of this
section.

(2) The proceedings shall be-

   (a)  an application for a decision whether the alleged contravention
        occurred; or

   (b)  an application under subsection (4), or both.

(3) An application under subsection (2)(a) shall be made to the District
Court.

(4) If it appears to the Commission-

   (a)  that a person has done an act which by virtue of section 43, 44 or 45
        was unlawful; and

   (b)  that unless restrained he is likely to do further acts which by virtue
        of that section are unlawful, the Commission may apply to the District
        Court for an injunction restraining him from doing so; and the
        District Court, if satisfied that the application is well-founded, may
        grant the injunction in the terms applied for or in more limited
        terms.

(5) Without prejudice to subsection (4), if it appears to the Commission that
a person has done an act which was unlawful by virtue of section 43, the
Commission may apply to the District Court for an order imposing a financial
penalty on such person; and the District Court, if satisfied that the
application is well-founded, may make such an order.

(6) The financial penalty imposed under subsection (5) shall not exceed $10000
for the first occasion on which a penalty is imposed, and $30000 for the
second and any subsequent occasion on which a penalty is imposed in respect of
the same person. (Enacted 1995)