Hong Kong Ordinances

SEX DISCRIMINATION ORDINANCE - SECT 84

Assistance by way of conciliation

(1) A person may lodge with the Commission a complaint in writing alleging
that another person has done an act which is unlawful by virtue of a provision
of this Ordinance.

(2) A representative complaint may be lodged under subsection (1) in
accordance with rules made under section 88.

(3) Subject to subsection (4), where a complaint is lodged under subsection
(1), the Commission shall-

   (a)  conduct an investigation into the act the subject of the complaint;
        and

   (b)  endeavour, by conciliation, to effect a settlement of the matter to
        which the act relates.

(4) The Commission may decide not to conduct, or to discontinue, an
investigation into an act the subject of a complaint lodged under subsection
(1) if-

   (a)  it is satisfied that the act is not unlawful by reason of a provision
        of this Ordinance;

   (b)  it is of the opinion that the person aggrieved by the act does not
        desire (or, in a case to which subsection (2) applies, none of the
        persons aggrieved by the act desires) that the investigation be
        conducted or continued;

   (c)  a period of more than 12 months has elapsed beginning when the act was
        done;

   (d)  in a case to which subsection (2) applies, it determines, in
        accordance with rules made under section 88, that the complaint should
        not be a representative complaint; or

   (e)  it is of the opinion that the complaint is frivolous, vexatious,
        misconceived or lacking in substance.

(5) Where the Commission decides not to conduct, or to discontinue, an
investigation into an act the subject of a complaint lodged under subsection
(1), it shall by notice served on the person who lodged the complaint advise
him of-

   (a)  that decision; and

   (b)  the reasons for that decision.

(6) Evidence of anything said or done by any person in the course of
conciliation under this section (including anything said or done at any
conference held for the purposes of such conciliation) is not admissible in
evidence in any proceedings under this Ordinance except with the consent of
that person.

(7) For the avoidance of doubt, it is hereby declared that subsection (6)
shall not apply where-

   (a)  a complaint is lodged under subsection (1); and

   (b)  a settlement has been effected of the matter to which the act the
        subject of the complaint relates. (Enacted 1995)