HKLII Hong Kong Regulations

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SEX DISCRIMINATION (INVESTIGATION AND CONCILIATION) RULES - SECT 3

Representative complaints

(Past version on 30/06/1997).

(1) A representative complaint alleging that another person has done an
unlawful act may be lodged by-

   (a)  a person aggrieved by the act, on behalf of that person and another
        person or other persons also aggrieved by the act;

   (b)  2 or more persons aggrieved by the act, on behalf of themselves and
        another person or other persons also aggrieved by the act; or

   (c)  a person on behalf of another person or other persons aggrieved by the
        act.

(2) A representative complaint may be lodged only with the consent of the
class members and, where there is more than one class member, only-

   (a)  if the class members have complaints against the same person;

   (b)  if all the complaints are in respect of, or arise out of, the same,
        similar or related circumstances; and

   (c)  if all the complaints give rise to a substantial common issue of law
        or fact. (L.N. 629 of 1997)

(3) A representative complaint shall-

   (a)  describe or otherwise identify and state the number of class  members;

   (b)  specify the nature of the complaints made on behalf of the
        class members;

   (c)  specify the questions of law and fact that are common to the
        complaints of the class members. (Enacted 1996)



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