Hong Kong Ordinances

DISABILITY DISCRIMINATION ORDINANCE - SECT 15

Partnerships

(Past version on 30/06/1997).

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

Discrimination by other bodies

(1) It is unlawful for a firm consisting of not less than 6 partners, in
relation to a position as partner in the firm, to discriminate against a
person with a disability-

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

   (b)  in the terms on which the firm offers him that position;

   (c)  by refusing or deliberately omitting to offer him that position; or

   (d)  in a case where he already holds that position-

        (i)    in the way the firm affords him access to any benefits,
               services or facilities, or by refusing or deliberately omitting
               to afford him access to them; or

        (ii)   by expelling him from that position or subjecting him to any
               other detriment.

(2) Subsection (1) shall apply in relation to persons proposing to form
themselves into a partnership as it applies in relation to a firm.

(3) Subsection (1)(a) and (c) shall not apply to a position as partner where,
if it were employment, being a person without a disability would be a
genuine occupational qualification for the job.

(4) Subsection (1)(a), (c) and (d)(ii) shall not apply to a person who
discriminates against another person with a disability, if taking into
account-

   (a)  that other person's past training, qualifications and experience
        relevant to the proposed firm or firm, as the case may be;

   (b)  where that other person is already a partner, that other person's
        performance as a partner; and

   (c)  all other relevant factors that it is reasonable to so take into
        account, that other person because of that other person's disability-

        (i)    would be unable to carry out the inherent requirements of a
               partner in the proposed firm or firm, as the case may be; or

        (ii)   would, in order to carry out those inherent requirements,
               require services or facilities that are not required by
               partners without a disability and the provision of which would
               impose an unjustifiable  hardship on the proposed firm or firm,
               as the case may be.

(5) In the case of a limited partnership references in subsection

(1) to a partner shall be construed as references to a general partner within
the meaning of section 2 of the Limited Partnerships Ordinance ( Cap  37).

(6) The Chief Executive in Council may, by notice in the Gazette, amend
subsection (1) by- (Amended 66 of 1999 s. 3)

   (a)  substituting another number for the number appearing in that
        subsection; or

        (b)	repealing the words and number appearing after "for a firm" and 
before ", in relation to". (Enacted 1995)