Hong Kong Ordinances

DISABILITY DISCRIMINATION ORDINANCE - SECT 2

Interpretation

(Past version on 05/11/1998).
(Past version on 30/06/1997).

(1) In this Ordinance, unless the context otherwise requires-

"access" (獲得享用) means access as construed in accordance with
section 56; "act" (作為) includes a deliberate omission;

"advertisement" (廣告) includes every form of advertisement, whether to the
public or not, and whether-

   (a)  in a newspaper or other publication;

   (b)  by television or radio;

   (c)  by display of notices, signs, labels, showcards or goods;

   (d)  by distribution of samples, circulars, catalogues, price lists or
        other material;

   (e)  by exhibition of pictures, models or films; or

   (f)  in any other way, and references to the publishing of advertisements
        shall be construed accordingly;

"associate" (有聯繫人士), in relation to a person, includes-

   (a)  a spouse of the person;

   (b)  another person who is living with the person on a genuine domestic
        basis;

   (c)  a relative of the person;

   (d)  a carer of the person; and

   (e)  another person who is in a business, sporting or recreational
        relationship with the person;

"carer" (照料者) includes-

   (a)  the Director of Social Welfare;

   (b)  any officer of the Social Welfare Department authorized in writing by
        the Director of Social Welfare;

   (c)  any person specified in Schedule 1;

"club" (會社) means an association, incorporate or unincorporate, of not
less than 30 persons associated together for social, literary, cultural,
political, sporting, athletic or other lawful purposes and which provides and
maintains its facilities, in whole or in part, from the funds of the
association; (Amended 29 of 2008 s. 97)

"Commission" (平等機會委員會) has the same meaning as in the
relevant Ordinance;

"commission agent" (佣金經紀人) means commission agent as construed in
accordance with section 20;

"committee" (小組委員會) has the same meaning as in the
relevant Ordinance;

"committee of management" (管理委員會), in relation to a club, means the
group or body of persons (however described) that manages the affairs of that
club;

"conciliator" (調解人) has the same meaning as in the relevant Ordinance;

"contract worker" (合約工作者) means contract worker as construed in
accordance with section 13;

"disability" (殘疾), in relation to a person, means-

   (a)  total or partial loss of the person's bodily or mental functions;

   (b)  total or partial loss of a part of the person's body;

   (c)  the presence in the body of organisms causing disease or illness;

   (d)  the presence in the body of organisms capable of causing disease or
        illness;

   (e)  the malfunction, malformation or disfigurement of a part of the
        person's body;

   (f)  a disorder or malfunction that results in the person learning
        differently from a person without the disorder or malfunction; or

   (g)  a disorder, illness or disease that affects a person's thought
        processes, perception of reality, emotions or judgment or that results
        in disturbed behaviour, and includes a disability that-

        (i)    presently exists;

        (ii)   previously existed but no longer exists;

        (iii)  may exist in the future; or

        (iv)   is imputed to a person;

"discrimination" (歧視) means any discrimination falling within sections 6,
7, 9 or 10, and related expressions shall be construed accordingly;

"discriminator" (歧視者) includes a prospective discriminator;

"dispose" (處置), in relation to premises, includes granting a right to
occupy the premises, and any reference to acquiring premises shall be
construed accordingly;

"dynamically supported craft" (動力承托的航行器) has the same meaning
as in the Shipping and Port Control Ordinance ( Cap 313); (Amended L.N. 315 of
1998)

"education" (教育) includes any form of training or instruction;

"educational establishment" (教育機構) has the same meaning as in the
relevant  Ordinance;

"employment" (僱用) means employment under-

   (a)  a contract of service or of apprenticeship; or

   (b)  a contract personally to execute any work or labour, and related
        expressions shall be construed accordingly;

"employment agency" (職業介紹所) means a person who, for profit or not,
provides services for the purpose of finding employment for workers or
supplying employers with workers;

"enforcement notice" (執行通知) means a notice under section 73(2);

"estate agent" (地產代理) has the same meaning as in the Estate Agents 
Ordinance ( Cap 511); (Replaced 29 of 2008 s. 97)

"firm" (商號) means a firm within the meaning of the Partnership Ordinance (
Cap 38);

"formal investigation" (正式調查) means an investigation under section 66;

"general notice" (一般通告), in relation to any person, means a notice
published by him at a time and in a manner appearing to him suitable for
securing that the notice is seen within a reasonable time by persons likely to
be affected by it;

"genuine occupational qualification" (真正的職業資格) means
genuine occupational  qualification as construed in accordance with
section 12(3);

"harass" (騷擾) shall be construed in accordance with subsection (6);

"near relative" (近親), in relation to a person, means-

   (a)  the person's spouse;

   (b)  a parent of the person or of the spouse;

   (c)  a child of the person or the spouse of such a child;

   (d)  a brother or sister (whether of full blood or half blood) of the
        person or of the spouse or the spouse of such a brother or sister;

   (e)  a grandparent of the person or of the spouse; or

   (f)  a grandchild of the person or the spouse of such a grandchild, and, in
        determining the above relationships, children born out of wedlock are
        to be included, an adopted child is to be regarded as a child of both
        the natural parents and the adoptive parent or parents and a step
        child as the child of both the natural parents and any step parent;
        (Added 29 of 2008 s. 97)

"notice" (通知、通告) means a notice in writing;

"palliative or therapeutic device or auxiliary aid"
(具減輕患情或治療作用的裝置) includes a device or aid specified
in Schedule 2;

"prescribed" (訂明) means prescribed in rules made under section 85;

"profession" (專業) includes any vocation or occupation;

"registered" (註冊) includes licensed;

"relevant Ordinance" (《性別歧視條例》) means the Sex Discrimination
Ordinance ( Cap 480);

"responsible body" (負責組織) has the same meaning as in the relevant 
Ordinance;

"trade" (行業) includes any business;

"training" (訓練) includes any form of education or instruction;

"unjustifiable hardship" (不合情理的困難) means unjustifiable hardship
as construed in accordance with section 4.

(2) References in this Ordinance to the dismissal of a person from employment
or to the expulsion of a person from a position as partner include references-

   (a)  to the termination of that person's employment or partnership by the
        expiration of any period (including a period expiring by reference to
        an event or circumstance), not being a termination immediately after
        which the employment or partnership is renewed on the same terms;

   (b)  to the termination of that person's employment or partnership by any
        act of his (including the giving of notice) in circumstances such that
        he is entitled to terminate it without notice by reason of the conduct
        of the employer, or the other partners, as the case may be.

(3) References in this Ordinance to the provision of facilities shall be
construed to include references to making those facilities available or making
arrangements for the provision of those facilities or to the provision of
those facilities in buildings or premises.

(4) For the purposes of this Ordinance, an enforcement notice or a finding by
the District Court becomes final when an appeal against the notice or finding
is dismissed, withdrawn or abandoned or when the time for appealing expires
without an appeal having been brought; and for this purpose an appeal against
an enforcement notice shall be taken to be dismissed if, notwithstanding that
a requirement of the notice is quashed on appeal, a direction is given in
respect of it under section 74(3).

(5) (Repealed 29 of 2008 s. 97)

(6) For the purposes of this Ordinance, a person (howsoever described)
harasses another person if that first-mentioned person engages in unwelcome
conduct (which may include an oral or written statement) on account of that
second-mentioned person's disability, or on account of the disability of an
associate of that second-mentioned person, in circumstances in which a
reasonable person, having regard to all the circumstances, would have
anticipated that the second-mentioned person would be offended, humiliated or
intimidated by that conduct.

(7) For the purposes of section 6(c), references in this Ordinance to-

   (a)  a person with a disability (or words to the like effect) shall be
        construed to mean a person (and whether or not he has a disability)
        with an associate with a disability;

   (b)  a person without a disability (or words to the like effect) shall be
        construed to mean a person without an associate with a disability.

(8) For the purposes of any of the provisions of sections 22, 23, 37, 38, 39,
46 and 47, references to a person with a disability (or words to the like
effect) shall be construed to include a person (and whether or not he has a
disability) with an associate with a disability.

(9) Subject to subsection (10), in this Ordinance "existing statutory
provision" (現有法例條文) means any provision of-

   (a)  any Ordinance enacted before this Ordinance was enacted;

   (b)  any subsidiary legislation made-

        (i)    under an Ordinance enacted before this Ordinance was enacted;
               and

        (ii)   before, on or after this Ordinance was enacted.

(10) Where an Ordinance enacted after this Ordinance was enacted re-enacts
(with or without modifications) a provision of an Ordinance enacted before
this Ordinance was enacted, then that provision as re-enacted shall be treated
for the purposes of subsection (9) as if it continued to be contained in an
Ordinance enacted before this Ordinance was enacted. (Enacted 1995)

"access" (獲得享用) "act" (作為)

"advertisement" (廣告)

"associate" (有聯繫人士)

"carer" (照料者)

"club" (會社)

"Commission" (平等機會委員會)

"commission agent" (佣金經紀人)

"committee" (小組委員會)

"committee of management" (管理委員會)

"conciliator" (調解人)

"contract worker" (合約工作者)

"disability" (殘疾)

"discrimination" (歧視)

"discriminator" (歧視者)

"dispose" (處置)

"dynamically supported craft" (動力承托的航行器)

"education" (教育)

"educational establishment" (教育機構)

"employment" (僱用)

"employment agency" (職業介紹所)

"enforcement notice" (執行通知)

"estate agent" (地產代理)

"firm" (商號)

"formal investigation" (正式調查)

"general notice" (一般通告)

"genuine occupational qualification" (真正的職業資格)

"harass" (騷擾)

"near relative" (近親)

"notice" (通知、通告)

"palliative or therapeutic device or auxiliary aid"
(具減輕患情或治療作用的裝置)

"prescribed" (訂明)

"profession" (專業)

"registered" (註冊)

"relevant Ordinance" (《性別歧視條例》)

"responsible body" (負責組織)

"trade" (行業)

"training" (訓練)

"unjustifiable hardship" (不合情理的困難)

"existing statutory provision" (現有法例條文)