Hong Kong Ordinances

FAMILY STATUS DISCRIMINATION ORDINANCE - SECT 16

Discrimination against commission agents

(1) This section applies to any work for a person ("the principal")
which is available for doing by individuals ("commission agents") as the
agents of the principal and who are remunerated, whether in whole or in part,
by commission.

(2) It is unlawful for the principal, in relation to work to which this
section applies, to discriminate against a person who has family  status who
is a commission agent-

   (a)  in the terms on which he allows that person to do that work;

   (b)  by not allowing that person to do or continue to do that work;

   (c)  in the way he affords that person access to any benefits, facilities
        or services or by refusing or deliberately omitting to afford him
        access to them; or

   (d)  by subjecting that person to any other detriment.

(3) Subsection (2)(c) shall not apply to benefits, facilities or services of
any description if the principal is concerned with the provision (for payment
or not) of benefits, facilities, or services of that description to the
public, or to a section of the public to which the person who is the
commission agent belongs, unless that provision differs in a material respect
from the provision of the benefits, facilities or services by the principal to
his commission agents.

(4) Subsection (2)(a) shall not apply to any term under which a principal
affords, or omits to afford, any immediate family member of a commission agent
direct or indirect access to benefits, facilities or services. (Added 40 of
2000 s. 4)

(5) Subsection (2)(c) or (d) shall not apply to any arrangement under which a
principal affords, or omits to afford, any immediate family  member of a
commission agent direct or indirect access to benefits, facilities or
services. (Added 40 of 2000 s. 4)