Cap 487 s 11 Discrimination against applicants and employees (DISABILITY DISCRIMINATION ORDINANCE)

Contents of Section

Chapter:	487	Title:	DISABILITY DISCRIMINATION ORDINANCE	Gazette Number:	66 of 1999
Section:	11	Heading:	Discrimination against applicants and employees	Version Date:	01/07/1997

Remarks:

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

Discrimination by employers

(1) It is unlawful for a person ("the employer"), in relation to employment by him at an establishment in Hong Kong, to discriminate against another person with a disability-

(a) in the arrangements the employer makes for the purpose of determining who should be offered that employment;

(b) in the terms on which the employer offers that other person that employment; or

(2) It is unlawful for the employer, in the case of a person with a disability employed by him at an establishment in Hong Kong, to discriminate against that person-

(a) in the way he affords that person access to opportunities for promotion, transfer or training, or to any other benefits, services or facilities, or by refusing or deliberately omitting to afford that person access to them; or

(b) in the terms of employment he affords that person; or

(3) Except in relation to discrimination falling within section 7, subsections (1) and (2) shall not apply to employment where the number of persons employed by the employer, added to the number employed by any associated employers of his, does not exceed 5 (disregarding any persons employed for the purposes of a private home).
(4) Subsection (2) shall not apply to benefits, services or facilities of any description if the employer is concerned with the provision (for payment or not) of benefits, services or facilities of that description to the public, or to a section of the public comprising the person with a disability concerned, unless-

(a) that provision differs in a material respect from the provision of the benefits, services or facilities by the employer to his employees without a disability; or

(b) the benefits, services or facilities relate to training.

(5) Subsection (3) shall expire on the 3rd anniversary of the day on which this Ordinance is enacted.
(6) For the purposes of subsection (3), 2 employers are to be treated as associated if one is a company of which the other (directly or indirectly) has control or if both are companies of which a third person (directly or indirectly) has control.
(7) The Chief Executive in Council may, by notice in the Gazette- (Amended 66 of 1999 s. 3)

(a) amend subsection (3) by substituting another number for the last number appearing in that subsection;

(b) amend subsection (5) by substituting another anniversary for the anniversary appearing in that subsection.

(Enacted 1995)