HKLII Hong Kong Ordinances

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SEX DISCRIMINATION ORDINANCE - SECT 9

Discrimination by way of victimisation

(1) A person ("the discriminator") discriminates against another
person ("the person victimised") in any circumstances relevant for the
purposes of any provision of this Ordinance if he treats the person 
victimised less favourably than in those circumstances he treats or would
treat other persons, and does so by reason that the person victimised or
any other person ("the third person") has-

   (a)  brought proceedings against the discriminator or any other person
        under this Ordinance;

   (b)  given evidence or information in connection with proceedings brought
        by any person against the discriminator or any other person under this
        Ordinance;

   (c)  otherwise done anything under or by reference to this Ordinance in
        relation to the discriminator or any other person; or

   (d)  alleged that the discriminator or any other person has committed an
        act which (whether or not the allegation so states) would amount to a
        contravention of this Ordinance, or by reason that the discriminator
        knows the person victimised or the  third person, as the case may be,
        intends to do any of those things, or suspects the person victimised
        or the third person, as the case may be, has done, or intends to do,
        any of them.

(2) Subsection (1) shall not apply to treatment of a person by reason of any
allegation made by him if the allegation was false and not made in good faith.

(3) For the purposes of subsection (1), a provision of Part III or IV framed
with reference to discrimination against, or sexual harassment of, women shall
be treated as applying equally to the treatment of men and for that purpose
shall have effect with such modifications as are necessary. (Enacted 1995)



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