Hong Kong Ordinances

DISABILITY DISCRIMINATION ORDINANCE - SECT 11

Discrimination against applicants and employees

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 66 of 1999 s. 3 PART III

DISCRIMINATION AND HARASSMENT IN EMPLOYMENT FIELD

Discrimination by employers

(1) It is unlawful for a person ("the employer"), in relation to employment by
him at an establishment in Hong Kong, to discriminate against another person
with a disability-

   (a)  in the arrangements the employer makes for the purpose of determining
        who should be offered that employment;

   (b)  in the terms on which the employer offers that other person that
        employment; or

   (c)  by refusing or deliberately omitting to offer that other person that
        employment.

(2) It is unlawful for the employer, in the case of a person with a disability
employed by him at an establishment in Hong Kong, to discriminate against that
person-

   (a)  in the way he affords that person access to opportunities for
        promotion, transfer or training, or to any other benefits, services or
        facilities, or by refusing or deliberately omitting to afford that
        person access to them; or

   (b)  in the terms of employment he affords that person; or

   (c)  by dismissing that person, or subjecting him to any other detriment.

(3) Except in relation to discrimination falling within section 7, subsections
(1) and (2) shall not apply to employment where the number of persons employed
by the employer, added to the number employed by any associated employers of
his, does not exceed 5 (disregarding any persons employed for the purposes of
a private home).

(4) Subsection (2) shall not apply to benefits, services or facilities of any
description if the employer is concerned with the provision (for payment or
not) of benefits, services or facilities of that description to the public, or
to a section of the public comprising the person with a disability concerned,
unless-

   (a)  that provision differs in a material respect from the provision of the
        benefits, services or facilities by the employer to his employees
        without a disability; or

   (b)  the benefits, services or facilities relate to training.

(5) Subsection (3) shall expire on the 3rd anniversary of the day on which
this Ordinance is enacted.

(6) For the purposes of subsection (3), 2 employers are to be treated as
associated if one is a company of which the other (directly or indirectly) has
control or if both are companies of which a third person

(directly or indirectly) has control.

(7) The Chief Executive in Council may, by notice in the Gazette- (Amended 66
of 1999 s. 3)

   (a)  amend subsection (3) by substituting another number for the last
        number appearing in that subsection;

   (b)  amend subsection (5) by substituting another anniversary for the
        anniversary appearing in that subsection. (Enacted 1995)