Hong Kong Regulations

DISABILITY DISCRIMINATION (PROCEEDINGS BY EQUAL OPPORTUNITIES COMMISSION) REGULATION - SECT 1

Circumstances in which Commission may bring proceedings

The circumstances in which the Commission may bring proceedings for the
purposes of section 72(1) of the Ordinance (as if it were a person who may
have brought proceedings under that section but has not done so) are where-

   (a)  the Commission has reason to believe that a person has committed an
        act of discrimination, harassment, vilification or which is otherwise
        unlawful under the Ordinance as described in section 72(1) of the
        Ordinance;

   (b)  the case raises a question of principle and the Commission considers
        that it is in the interests of justice to do so;

   (c)  the Commission has offered assistance to the person aggrieved by way
        of conciliation under section 80 of the Ordinance but failed to effect
        a settlement;

   (d)  the Commission has in accordance with section 2 served on the person
        aggrieved a written notice-

        (i)    informing him of its intention to bring proceedings as if the
               Commission were that person; and

        (ii)   requesting the person aggrieved to reply in writing to the
               Commission within 21 days of the date of the notice as to
               whether he intends to bring proceedings in his own name,
               otherwise he shall be deemed to have indicated that he does not
               wish to bring proceedings in his own name; and

   (e)  the Commission has established that the person aggrieved does not wish
        to bring proceedings in his own name, and he shall be deemed to have
        indicated that he does not wish to bring proceedings in his own name
        if he failed to reply under paragraph (d)(ii).