Hong Kong Ordinances

SEX DISCRIMINATION ORDINANCE - SECT 87

Validity and revision of contracts

PART IX

MISCELLANEOUS

(1) A term of a contract is void where-

   (a)  its inclusion renders the making of the contract unlawful by virtue of
        this Ordinance;

   (b)  it is included in furtherance of an act rendered unlawful by this
        Ordinance; or

   (c)  it provides for the doing of an act which would be rendered unlawful
        by this Ordinance.

(2) Subsection (1) shall not apply to a term the inclusion of which
constitutes, or is in furtherance of, or provides for, unlawful discrimination
against a party to the contract, but the term shall be unenforceable against
that party.

(3) A term in a contract which purports to exclude or limit any provision of
this Ordinance is unenforceable by any person in whose favour the term would
operate apart from this subsection.

(4) Subsection (3) shall not apply to a contract settling a claim to which
section 76 applies.

(5) On the application of any person interested in a contract to which
subsection (2) applies, the District Court may make such order as it thinks
just for removing or modifying any term made unenforceable by that subsection;
but such an order shall not be made unless all persons affected have been
given notice of the application (except where under rules made under the
District Court Ordinance ( Cap 336) notice may be dispensed with) and have
been afforded an opportunity to make representations to the Court.

(6) An order under subsection (5) may include provision as respects any period
before the making of the order. (Enacted 1995)