Hong Kong Ordinances

DISABILITY DISCRIMINATION ORDINANCE - SECT 43

Discriminatory advertisements

(1) It is unlawful to publish or cause to be published an advertisement which
indicates, or might reasonably be understood as indicating, an intention by a
person to do any act which is or might be unlawful by virtue of Part III or
IV.

(2) Subsection (1) shall not apply to an advertisement if the intended act
would not in fact be unlawful.

(3) The publisher of an advertisement made unlawful by subsection

(1) shall not be subject to any liability under that subsection in respect of
the publication of the advertisement if he proves-

   (a)  that the advertisement was published in reliance on a statement made
        to him by the person who caused it to be published to the effect that,
        by reason of the operation of subsection (2), the publication would
        not be unlawful; and

   (b)  that it was reasonable for him to rely on the statement.

(4) A person who knowingly or recklessly makes a statement of the kind
referred to in subsection (3) which in a material respect is false or
misleading commits an offence and is liable on conviction to a fine at level
4. (Enacted 1995)