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Chapter:

602 PDFTitle:Race Discrimination OrdinanceGazette Number:L.N. 166 of 2009
Section:19Heading:Qualifying bodiesVersion Date:10/07/2009


(1) It is unlawful for an authority or body which can confer an authorization or qualification which is needed for, or facilitates, engagement in a particular profession or trade to discriminate against a person—

        (a) in the terms on which it is prepared to confer on the person that authorization or qualification;
        (b) by refusing, or deliberately omitting to grant, the person’s application for it; or
        (c) by withdrawing it from the person or varying the terms on which he or she holds it.
(2) Subsection (1) does not render unlawful any requirement for proficiency in either Chinese or English, or in both of them (whether or not to equivalent or comparable levels) imposed for the conferment of an authorization or qualification if—
        (a) the requirement is reasonable, having regard to the demands of, or associated with, the profession or trade concerned; or
        (b) without prejudice to paragraph (a), the authorization or qualification is one specified in Schedule 3.
(3) Where an authority or body is required by law to satisfy itself as to a person’s good character before conferring on the person an authorization or qualification which is needed for, or facilitates, the person’s engagement in any profession or trade then, without prejudice to any other duty to which it is subject, that requirement shall be taken to impose on the authority or body a duty to have regard to any evidence tending to show that the person, or any of his or her employees or agents (whether past or present), has—
        (a) practised unlawful discrimination;
        (b) engaged in unlawful harassment; or
        (c) engaged in acts which contravene section 45,
in, or in connection with, the carrying on of any profession or trade.
(4) Subsection (1) does not apply to discrimination which is rendered unlawful by section 26.
(5) In this section—
“authorization or qualification” (授權或資格) includes recognition, licensing, registration, enrolment, approval and certification;
“confer” (授予) includes renew or extend.