Hong Kong Ordinances

FAMILY STATUS DISCRIMINATION ORDINANCE - SECT 15

Employment agencies

(1) It is unlawful for an employment agency to discriminate against a person
who has family status-

   (a)  in the terms on which the agency offers to provide any of its
        services;

   (b)  by refusing or deliberately omitting to provide any of its services;
        or

   (c)  in the way it provides any of its services.

(2) References in subsection (1) to the services of an employment  agency
include guidance on careers and any other services related to employment.

(3) This section shall not apply if the discrimination only concerns
employment which the employer could lawfully refuse to offer the person
concerned.

(4) An employment agency shall not be subject to any liability under this
section if it proves-

   (a)  that it acted in reliance on a statement made to it by the  employer
        to the effect that, by reason of the operation of subsection (3), its
        action would not be unlawful; and

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

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