Hong Kong Ordinances

DISABILITY DISCRIMINATION ORDINANCE - SECT 17

Qualifying bodies

(1) It is unlawful for an authority or body which can confer an
authorization or qualification which is needed for, or facilitates, engagement
in a particular profession or trade to discriminate against a person with a
disability-

   (a)  in the terms on which it is prepared to confer on him that
        authorization or qualification;

   (b)  by refusing or deliberately omitting to grant his application for it;
        or

   (c)  by withdrawing it from him or varying the terms on which he holds it.

(2) Where an authority or body is required by law to satisfy itself as to his
good character before conferring on a person an authorization or 
qualification which is needed for, or facilitates, his engagement in any
profession or trade then, without prejudice to any other duty to which it is
subject, that requirement shall be taken to impose on the authority or body a
duty to have regard to any evidence tending to show that he, or any of his
employees or agents (whether past or present), has-

   (a)  practised unlawful discrimination;

   (b)  engaged in unlawful harassment; or

   (c)  engaged in acts which contravene section 46 or 47, in, or in
        connection with, the carrying on of any profession or trade.

(3) Subsection (1) shall not apply to an authority or body which discriminates
against a person on the ground of the person's disability, if taking into
account-

   (a)  that person's past training, qualifications and experience relevant to
        the particular profession, trade or occupation;

   (b)  where that person is already a member of the profession, carrying on
        the trade or engaged in the occupation, that person's performance in
        the profession, trade or occupation; and

   (c)  all other relevant factors that it is reasonable to so take into the
        account, that person because of that person's disability, would be
        unable to carry out the inherent requirements of the profession, trade
        or occupation.

(4) Subsection (1) shall not apply to discrimination which is rendered
unlawful by section 24.

(5) In this section-

"authorization or qualification" (授權或資格) includes recognition,
licensing, registration, enrolment, approval and certification;

"confer" (授予) includes renew or extend. (Enacted 1995)

"authorization or qualification" (授權或資格)

"confer" (授予)