Cap 602 s 76 Enforcement of sections 42, 43 and 44 (Race Discrimination Ordinance)

Contents of Section

Chapter:	602	Title:	Race Discrimination Ordinance	Gazette Number:	E.R. 1 of 2013
Section:	76	Heading:	Enforcement of sections 42, 43 and 44	Version Date:	25/04/2013

(1) Proceedings in respect of a contravention of section 42, 43 or 44 may be brought only by the Commission and in accordance with this section.
(2) The proceedings must be—

(a) an application for a decision whether the alleged contravention occurred; or

(b) an application under subsection (4),

or both.

(3) An application under subsection (2)(a) must be made to the District Court.
(4) If it appears to the Commission—

(a) that a person has done an act which by virtue of section 42, 43 or 44 was unlawful; and

(b) that unless restrained the person is likely to do further acts which by virtue of that section are unlawful,

the Commission may apply to the District Court for an injunction restraining the person from doing so; and the District Court, if satisfied that the application is well-founded, may grant the injunction in the terms applied for or in more limited terms.

(5) Without prejudice to subsection (4), if it appears to the Commission that a person has done an act which was unlawful by virtue of section 42, the Commission may apply to the District Court for an order imposing a financial penalty on such person; and the District Court, if satisfied that the application is well-founded, may make such an order.
(6) The financial penalty imposed under subsection (5) shall not exceed $10,000 for the first occasion on which a penalty is imposed, and $30,000 for the second and any subsequent occasion on which a penalty is imposed in respect of that person.