Hong Kong Ordinances

DISABILITY DISCRIMINATION ORDINANCE - SECT 73

Issue of enforcement notices

Enforcement notices

(1) This section applies to any act which is-

   (a)  an unlawful discriminatory act;

   (b)  an unlawful act of harassment; or

   (c)  a contravention of section 42, 43, 44, 45, 46 or 47, and so applies
        whether or not proceedings have been brought in respect of the act.

(2) If in the course of a formal investigation the Commission becomes
satisfied that a person is committing, or has committed, any acts to which
this section applies, the Commission may in the prescribed manner serve on him
a notice in the prescribed form requiring him-

   (a)  not to commit any such acts (which may include discontinuing or
        changing any of his practices or other arrangements which occasioned
        those acts, in particular to avoid any repetition thereof); and

   (b)  where compliance with paragraph (a) involves changes in any of his
        practices or other arrangements-

        (i)    to inform the Commission that he has effected those changes and
               what those changes are; and

        (ii)   to take such steps as may be reasonably required by the notice
               for the purpose of affording that information to other persons
               concerned.

(3) An enforcement notice may also require the person on whom it is served to
furnish the Commission with such other information as may be reasonably
required by the notice in order to verify that the notice has been complied
with.

(4) An enforcement notice may specify the time at which, and the manner and
form in which, any information is to be furnished to the Commission, but the
time at which any information is to be furnished in compliance with the notice
shall not be later than 5 years after the notice has become final.

(5) Section 68(4) shall apply to requirements under subsections

(2)(b), (3) and (4) contained in an enforcement notice which has become final
as it applies to requirements in a notice served under section 68(1). (Enacted
1995)