Hong Kong Ordinances

FAMILY STATUS DISCRIMINATION ORDINANCE - SECT 5

Discrimination against a person who has family status

PART II

DISCRIMINATION TO WHICH ORDINANCE APPLIES

A person discriminates against a person who has family status in any
circumstances relevant for the purposes of any provision of this Ordinance if-

   (a)  on the ground of the second-mentioned person's family status or
that person's particular family status ("the relevant family status") he
treats that person less favourably than he treats or would treat another
person who does not have family status or the relevant family status, as the
case may be; or

   (b)  he applies to that person a requirement or condition which he applies
        or would apply equally to a person who does not have family status or
        the relevant family status, as the case may be, but-

        (i)    which is such that the proportion of persons with family status
               or the relevant family status, as the case may be, who can
               comply with it is considerably smaller than the proportion of
               persons who does not have family status or
               the relevant family status who can comply with it;

        (ii)   which he cannot show to be justifiable irrespective of whether
               or not the person to whom it is applied has family status or
               the relevant  family status, as the case may be; and

        (iii)  which is to that person's detriment because he cannot comply
               with it.