Cap 487 s 65 Codes of practice (DISABILITY DISCRIMINATION ORDINANCE)

Contents of Section

Chapter:	487	Title:	DISABILITY DISCRIMINATION ORDINANCE	Gazette Number:	L.N. 130 of 2007
Section:	65	Heading:	Codes of practice	Version Date:	01/07/2007

Remarks:

For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.

Codes of practice

(1) The Commission may issue codes of practice containing such practical guidance as it thinks fit for the purposes of-

(a) the elimination of discrimination;

(b) the promotion of equality of opportunity between persons with a disability and persons without a disability generally;

(2) When the Commission proposes to issue a code of practice, it shall prepare and publish (otherwise than in the Gazette) the code, shall consider any representations made to it about the code and may modify the code accordingly.
(3) In the course of preparing any code of practice for eventual publication under subsection (2), the Commission shall consult with such associations, organizations, associations of organizations or bodies as appear to the Commission to be appropriate, including any of the associations, organizations, associations of organizations or bodies specified by the Secretary for Labour and Welfare by notice in the Gazette. (Amended L.N. 106 of 2002; L.N. 130 of 2007)
(4) If the Commission determines to proceed with a code of practice published under subsection (2), it shall cause the code to be-

(a) published in the Gazette; and

(b) laid on the table of the Legislative Council at the next sitting after its publication in the Gazette.

(5) Where a code of practice has been laid on the table of the Legislative Council under subsection (4), the Legislative Council may, by resolution passed at a sitting of the Legislative Council held before the expiration of a period of 28 days after the sitting at which it was so laid, provide that the code of practice shall be amended in any manner consistent with this section.
(6) If the period referred to in subsection (5) would but for this subsection expire-

(a) after the end of a session of the Legislative Council or a dissolution thereof; but

(b) on or before the day of the second sitting of the Legislative Council in the next following session thereof,

that period shall be deemed to extend to and expire on the day after that second sitting.
*(7) Before the expiration of the period referred to in subsection (5) or that period as extended by virtue of subsection (6), the Legislative Council may by resolution in relation to a code of practice specified therein-

(a) in the case of the period referred to in subsection (5), extend that period to the first sitting of the Legislative Council held not earlier than the twenty-first day after the day of its expiration;

(b) in the case where the period referred to in subsection (5) has been extended by virtue of subsection (6), extend that period as so extended to the first sitting of the Legislative Council held not earlier than the twenty-first day after the day of the second sitting in that next following session. (Replaced 8 of 2002 s. 20)

(8) A resolution passed by the Legislative Council in accordance with this section shall be published in the Gazette not later than 14 days after the passing thereof or within such further period as the Chief Executive may allow in any particular case. (Amended 66 of 1999 s. 3)
(9) A code of practice issued under this section shall come into operation-

(a) in the case where before the expiration of the period referred to in subsection (5), or before the expiration of that period as extended under subsection (6) or (7), the Legislative Council does not pass a resolution amending the code of practice, upon the expiration of that period, or upon the expiration of that period as so extended, as the case may be; and

(b) in the case where the Legislative Council passes a resolution amending the code of practice, upon the expiration of the day next preceding the day of the publication in the Gazette of such resolution under subsection (8).

(10) A code of practice issued under this section may contain such transitional provisions or savings as appear to the Commission to be necessary or expedient in connection with the matters the subject of the code.
(11) The Commission may from time to time revise the whole or any part of a code of practice issued under this section and issue that revised code, and subsections (2) to (10) shall apply (with appropriate modifications) to such a revised code as they apply to the first issue of a code.
(12) Without prejudice to the generality of subsection (1), a code of practice issued under this section may include such practical guidance as the Commission thinks fit as to what steps it is reasonably practicable for employers to take for the purpose of preventing their employees from doing in the course of their employment acts made unlawful by this Ordinance.
(13) A failure on the part of any person to observe any provision of a code of practice shall not of itself render him liable to any proceedings; but in any proceedings under this Ordinance before any court any code of practice issued under this section shall be admissible in evidence, and if any provision of such a code appears to the court to be relevant to any question arising in the proceedings it shall be taken into account in determining that question.
(14) In this section, "sitting" (會議), when used to calculate time, means the day on which the sitting commences and only includes a sitting at which subsidiary legislation is included on the order paper.

(Enacted 1995)

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Note:
* For the transitional provision relating to this subsection as amended by section 20 of the Extension of Vetting Period (Legislative Council) Ordinance 2002 (8 of 2002), see section 21 of that Ordinance.