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487 PDFTitle:DISABILITY DISCRIMINATION ORDINANCEGazette Number:66 of 1999
Section:15Heading:PartnershipsVersion Date:01/07/1997
Remarks:

Adaptation amendments retroactively made - see 66 of 1999 s. 3

Discrimination by other bodies

(1) It is unlawful for a firm consisting of not less than 6 partners, in relation to a position as partner in the firm, to discriminate against a person with a disability-
        (a) in the arrangements the firm makes for the purpose of determining who should be offered that position;
        (b) in the terms on which the firm offers him that position;
        (c) by refusing or deliberately omitting to offer him that position; or
        (d) in a case where he already holds that position-
          (i) in the way the firm affords him access to any benefits, services or facilities, or by refusing or deliberately omitting to afford him access to them; or
          (ii) by expelling him from that position or subjecting him to any other detriment.
(2) Subsection (1) shall apply in relation to persons proposing to form themselves into a partnership as it applies in relation to a firm.
(3) Subsection (1)(a) and (c) shall not apply to a position as partner where, if it were employment, being a person without a disability would be a genuine occupational qualification for the job.
(4) Subsection (1)(a), (c) and (d)(ii) shall not apply to a person who discriminates against another person with a disability, if taking into account-
        (a) that other person's past training, qualifications and experience relevant to the proposed firm or firm, as the case may be;
        (b) where that other person is already a partner, that other person's performance as a partner; and
        (c) all other relevant factors that it is reasonable to so take into account,
that other person because of that other person's disability-
        (i) would be unable to carry out the inherent requirements of a partner in the proposed firm or firm, as the case may be; or
        (ii) would, in order to carry out those inherent requirements, require services or facilities that are not required by partners without a disability and the provision of which would impose an unjustifiable hardship on the proposed firm or firm, as the case may be.
(5) In the case of a limited partnership references in subsection (1) to a partner shall be construed as references to a general partner within the meaning of section 2 of the Limited Partnerships Ordinance (Cap 37).
(6) The Chief Executive in Council may, by notice in the Gazette, amend subsection (1) by- (Amended 66 of 1999 s. 3)
        (a) substituting another number for the number appearing in that subsection; or
        (b) repealing the words and number appearing after "for a firm" and before ", in relation to".
(Enacted 1995)