Hong Kong Ordinances

DISABILITY DISCRIMINATION ORDINANCE - SECT 24

Education

PART IV

DISCRIMINATION AND HARASSMENT IN OTHER FIELDS

(1) Subject to subsections (3), (4) and (5), it is unlawful for an
educational establishment to discriminate against a person with a disability-

   (a)  by refusing or failing to accept that person's application for
        admission as a student; or

   (b)  in the terms or conditions on which it is prepared to admit that
        person as a student.

(2) Subject to subsections (3), (4) and (5), it is unlawful for an
educational establishment to discriminate against a student with a disability-

   (a)  by denying that student's access, or limiting that student's access,
        to any benefit, service or facility provided by the educational 
        establishment;

   (b)  by expelling that student; or

   (c)  by subjecting that student to any other detriment.

(3) Subsections (1) and (2) shall not apply to an educational  establishment
which discriminates against a person with a disability in respect of admission
to an educational establishment established wholly or primarily for students
who have a particular disability where that person does not have that
particular disability.

(4) Subsections (1) and (2) shall not apply to an educational  establishment
which refuses or fails to accept a person's application for admission as a
student at an educational establishment where that person, if admitted as a
student by the educational establishment, would require services or facilities
that are not required by students who do not have a disability and the
provision of which would impose unjustifiable hardship on the
educational establishment.

(5) Subsections (1) and (2) shall not apply to an educational  establishment
which discriminates against a person with a disability-

   (a)  if that person is not reasonably capable of performing the actions or
        activities reasonably required by the educational establishment in
        relation to students at that educational establishment; or

   (b)  if the students who participate in or are to participate in those
        actions or activities are selected by a method which is reasonable on
        the basis of their skills and abilities relevant to those actions or
        activities and relative to each other. (Enacted 1995)