Hong Kong Ordinances

DISABILITY DISCRIMINATION ORDINANCE - SECT 42

Requests for information

(1) If, because of another provision of Part III or IV, it would be unlawful,
in particular circumstances, for a person to discriminate against another
person, in doing a particular act, it is unlawful for the first-mentioned
person to request or require that other person to provide, in connection with
or for the purposes of the doing of the act, information (whether by
completing a form or otherwise) that persons who do not have a disability
would not, in circumstances that are the same or are not materially different,
be requested or required to provide.

(2) Subject to subsection (3), if, because of section 11(1), it would be
unlawful, in particular circumstances, for a person to discriminate against
another person, in doing a particular act, it is unlawful for the
first-mentioned person to request or require that other person to provide
information of a medical nature (whether by completing a form or otherwise) in
connection with or for the purposes of the doing of the act.

(3) Nothing in subsection (2) shall render it unlawful for a person to request
or require another person to provide information of a medical nature that is
necessary to determine if that other person would be unable to carry out the
inherent requirements of the job or would require services or facilities that
are not required by persons without a disability. (Enacted 1995)