Hong Kong Ordinances

FAMILY STATUS DISCRIMINATION ORDINANCE - SECT 2

Interpretation

(1) In this Ordinance unless the context otherwise requires-

"access" (獲得、享用) means access as construed in accordance with
section 40; "act" (作為) includes a deliberate omission;

"advertisement" (廣告) includes every form of advertisement, whether to the
public or not, and whether-

   (a)  in a newspaper or other publication;

   (b)  by television or radio;

   (c)  by display of notices, signs, labels, showcards or goods;

   (d)  by distribution of samples, circulars, catalogues, price lists or
        other material;

   (e)  by exhibition of pictures, models or films; or

   (f)  in any other way, and references to the publishing of advertisements
        shall be construed accordingly;

"club" (會社) means an association, incorporate or unincorporate, of not
less than 30 persons associated together for social, literary, cultural,
political, sporting, athletic or other lawful purposes that-

   (a)  provides and maintains its facilities, in whole or in part, from the
        funds of the association; and

   (b)  sells or supplies liquor for consumption on its premises;

"Commission" (委員會) has the same meaning as in the relevant Ordinance;

"commission agent" (佣金經紀人) means commission agent as construed in
accordance with section 16;

"committee of management" (管理委員會) in relation to a club, means the
group or body of persons (howsoever described) that manages the affairs of
that club;

"conciliator" (調解人) has the same meaning as in the relevant Ordinance;

"contract worker" (合約工作者) means a contract worker as construed in
accordance with section 9;

"discrimination" (歧視), in relation to a person-

   (a)  who has family status, means discrimination falling within section 5;
        and

   (b)  who is victimised, means discrimination falling within section  6 ,
        and related expressions shall be construed accordingly;

"dispose" (處置), in relation to premises, includes granting a right to
occupy the premises, and any references to acquiring premises shall be
construed accordingly;

"dynamically supported craft" (動力承托的航行器) has the same meaning
as in the Shipping and Port Control Ordinance ( Cap 313);

"education" (教育) includes any form of training or instruction;

"educational establishment" (教育機構) means an educational establishment
specified in column 1 of Schedule 1;

"employment" (僱用) means employment under-

   (a)  a contract of service or of apprenticeship; or

   (b)  a contract personally to execute any work or labour, and related
        expressions shall be construed accordingly;

"employment agency" (職業介紹所) means a person who, for profit or not,
provides services for the purpose of finding employment for workers or
supplying employers with workers;

"enforcement notice" (執行通知) means a notice under section 55(2);

"estate agent" (地產代理) has the same meaning as in the Estate Agents 
Ordinance ( Cap 511);

"family status" (家庭崗位), in relation to a person, means the status of
having responsibility for the care of an immediate family member;

"firm" (商號) means firm within the meaning of the Partnership Ordinance (
Cap 38);

"formal investigation" (正式調查) means an investigation under section 48;

"general notice" (一般通告), in relation to any person, means a notice
published by him at a time and in a manner appearing to him suitable for
securing that the notice is seen within a reasonable time by persons likely to
be affected by it;

"immediate family member" (直系家庭成員), in relation to a person, means
a person who is related to the person by blood, marriage, adoption or
affinity;

"notice" (通告、通知) means a notice in writing;

"prescribed" (訂明) means prescribed in rules made under section 66;

"profession" (專業) includes any vocation or occupation;

"relevant Ordinance" (有關條例) means the Sex Discrimination Ordinance
(Cap 480);

"responsible body" (負責組織), in relation to an
educational establishment, means the body specified in column 2 of Schedule 1
opposite that establishment;

"trade" (行業) includes any business;

"training" (訓練) includes any form of education or instruction;

"vocational training" (職業訓練) includes retraining and vocational
guidance.

(2) References in this Ordinance to the dismissal of a person from employment
or to the expulsion of a person from a position as partner include references-

   (a)  to the termination of that person's employment or partnership by the
        expiration of any period (including a period expiring by reference to
        an event or circumstance), not being a termination immediately after
        which the employment or partnership is renewed on the same terms;

   (b)  to the termination of that person's employment or partnership by any
        act of his (including the giving of notice) in circumstances such that
        he is entitled to terminate it without notice by reason of the conduct
        of the employer, or the other partners, as the case may be.

(3) For the purposes of this Ordinance, an enforcement notice or a finding by
the District Court becomes final when an appeal against the notice or finding
is dismissed, withdrawn or abandoned or when the time for appealing expires
without an appeal having been brought; and for this purpose an appeal against
an enforcement notice shall be taken to be dismissed if, notwithstanding that
a requirement of the notice is quashed on appeal, a direction is given in
respect of it under section 56(3).

(4) For the purposes of this Ordinance, a person is a near relative of another
if that person is the wife or husband, a parent or child, a grandparent or
grandchild, or a brother or sister of the other (whether of
full blood or half-blood or by affinity), and "child" (子女) includes an
illegitimate child and the wife or husband of an illegitimate child.

(5) Subject to subsection (6), in this Ordinance, "existing statutory
provision" (現有法例條文) means any provision of-

   (a)  any Ordinance enacted before this Ordinance was enacted;

   (b)  any subsidiary legislation made-

        (i)    under an Ordinance enacted before this Ordinance was enacted;
               and

        (ii)   before, on or after this Ordinance was enacted.

(6) Where an Ordinance enacted after this Ordinance was enacted re-enacts
(with or without modifications) a provision of an Ordinance enacted before
this Ordinance was enacted, then that provision as re-enacted shall be treated
for the purposes of subsection (5) as if it continued to be contained in an
Ordinance enacted before this Ordinance was enacted.

"access" (獲得、享用) "act" (作為)

"advertisement" (廣告)

"club" (會社)

"Commission" (委員會)

"commission agent" (佣金經紀人)

"committee of management" (管理委員會)

"conciliator" (調解人)

"contract worker" (合約工作者)

"discrimination" (歧視)

"dispose" (處置)

"dynamically supported craft" (動力承托的航行器)

"education" (教育)

"educational establishment" (教育機構)

"employment" (僱用)

"employment agency" (職業介紹所)

"enforcement notice" (執行通知)

"estate agent" (地產代理)

"family status" (家庭崗位)

"firm" (商號)

"formal investigation" (正式調查)

"general notice" (一般通告)

"immediate family member" (直系家庭成員)

"notice" (通告、通知)

"prescribed" (訂明)

"profession" (專業)

"relevant Ordinance" (有關條例)

"responsible body" (負責組織)

"trade" (行業)

"training" (訓練)

"vocational training" (職業訓練)

"child" (子女)

"existing statutory provision" (現有法例條文)