Hong Kong Ordinances

SEX DISCRIMINATION ORDINANCE - SECT 83

Help for aggrieved persons in obtaining information, etc.

Help for persons suffering discrimination or sexual harassment

(1) With a view to helping a person ("the person aggrieved") who considers he
may have been discriminated against or sexually harassed in contravention of
this Ordinance to decide whether to institute proceedings and, if he does so,
to formulate and present his case in the most effective manner, the Commission
may prescribe-

   (a)  forms by which the person aggrieved may question the respondent on his
        reasons for doing any relevant act, or on any other matter which is or
        may be relevant;

   (b)  forms by which the respondent may if he so wishes reply to any
        questions.

(2) Where the person aggrieved questions the respondent (whether or not in
accordance with forms referred to in subsection (1))-

   (a)  the question, and any reply by the respondent (whether or not in
        accordance with such a form) shall, subject to subsections (3), (4)
        and

(5), be admissible as evidence in the proceedings;

   (b)  if it appears to the District Court that the respondent deliberately,
        and without reasonable excuse, omitted to reply within a reasonable
        period or that his reply is evasive or equivocal, the Court may draw
        any inference from that fact it considers it just and equitable to
        draw, including an inference that he committed an unlawful act.

(3) The Commission may-

   (a)  prescribe the period within which questions must be served in order to
        be admissible under subsection (2)(a);

   (b)  prescribe the manner in which a question, and any reply by the 
        respondent, may be served.

(4) Rules under the District Court Ordinance ( Cap 336) may enable the
District Court entertaining a claim under section 76 to determine, before the
date fixed for the hearing of the claim, whether a question or reply is
admissible under this section or not.

(5) This section is without prejudice to any other enactment or rule of law
regulating interlocutory and preliminary matters in proceedings before the
District Court, and has effect subject to any enactment or rule of law
regulating the admissibility of evidence in such proceedings.

(6) In this section, "respondent" (答辯人) includes a prospective
respondent. (Enacted 1995)
      (6) In this section,  "respondent"  (答辯人)  includes a prospective 

respondent.
(Enacted 1995)