Hong Kong Ordinances

SEX DISCRIMINATION ORDINANCE - SCHEDULE 5

FURTHER EXCEPTIONS TO THIS ORDINANCE

(a) the police force; (Amended 58 of 1999 s. 9)
(b) the Hong Kong Auxiliary Police Force within the meaning of the Hong Kong Auxiliary Police Force Ordinance (Cap 233); (Amended L.N. 362 of 1997; 76 of 1999 s. 3)
(c) the Immigration Service within the meaning of the Immigration Service Ordinance (Cap 331);
(d) the Fire Services Department within the meaning of the Fire Services Ordinance (Cap 95);
(e) the Correctional Services Department within the meaning of the Prisons Ordinance (Cap 234);
(f) the Customs and Excise Service within the meaning of the Customs and Excise Service Ordinance (Cap 342);

	Provision creating illegality	Exception
1.	Parts III, IV and V	Any discrimination between men and women seeking to hold, or holding, any relevant office- (a) as to requirements relating to height, uniform, weight or equipment; (b) so far as there is a difference between the total number of persons of each sex recruited to, or holding, any such office or class of such office; (c) so far as any such office or class of such office which falls within that part of the police force known as the Police Tactical Unit is reserved for men; (d) so far as training in the use of weapons is concerned where any such office or class of such office falls within paragraph (a), (b), (e) or (f) of the definition of "relevant office".
2.	Part IV	Any discrimination between men and women arising from that policy of the Government- (a) known as the small house policy; and (b) pursuant to which benefits relating to land in the New Territories are granted to indigenous villagers who are men.
3.	Parts III, IV and V	Any discrimination between persons of different marital status (but excluding any discrimination against a person who is not single as compared with a person who is single) arising from a provision- (a) of- (i) the Civil Service Regulations; (ii) any contract of service or apprenticeship; or (iii) any contract personally to execute any work; and (b) relating to- (i) housing; (ii) education; (iii) air-conditioning; (iv) passage; or (v) baggage, benefits or allowances.
4.	Parts IV and V	Any discrimination between persons of different marital status arising from the provision of any reproductive technology procedure.
5.	Parts III, IV and V	Any discrimination between persons of different marital status arising from the provision of any facilities or services relating to the adoption of any infant within the meaning of section 2 of the Adoption Ordinance (Cap 290).
6.	Parts IV and V	Any discrimination between persons of different marital status arising from the public housing scheme known as the Home Ownership Scheme or Private Sector Participation Scheme.
7.	Parts III, IV and V	Any discrimination between men and women arising from- (a) section 2(5)(a) of the Surviving Spouses' and Children's Pensions Ordinance (Cap 79); (b) section 18(1A) of the Pensions Ordinance (Cap 89); (c) section 19 of the Widows and Orphans Pension Ordinance (Cap 94); (d) section 19(4) of the Pension Benefits Ordinance (Cap 99); or (e) section 20(4) of the Pension Benefits (Judicial Officers) Ordinance (Cap 401);
8.	Parts III, IV and V	Any discrimination between persons of different marital status arising from the proviso to regulation 4(1) of the Royal Hong Kong Auxiliary Police Force (Pensions) Regulations* (Cap 233 sub. leg.).