Cap 480 s 86 Period within which proceedings to be brought (Sex Discrimination Ordinance)

Contents of Section

Chapter:	480	Title:	Sex Discrimination Ordinance	Gazette Number:	E.R. 1 of 2013
Section:	86	Heading:	Period within which proceedings to be brought	Version Date:	25/04/2013

Period within which Proceedings to be Brought

(1) The District Court shall not consider a claim under section 76 unless proceedings in respect of the claim are instituted before the end of the period of 24 months beginning-

(a) when the act complained of was done; or

(b) if there is a relevant report in relation to that act, with the day on which the report is published or made available for inspection under section 73,

whichever is the later.
(2) The District Court shall not consider an application under-

(a) section 82(2)(a) unless it is made before the end of the period of 24 months beginning when the act to which it relates was done;

(b) section 82(4) unless it is made before the end of the period of 5 years so beginning.

(2A) For the purposes of determining the period under subsection (1) within which proceedings may be brought, where an act to which the claim relates was the subject of a complaint lodged under section 84(1), then the period that elapsed between the date when the complaint was lodged and the date when the complaint was disposed of under section 84(3) or (4), as certified in writing by the Commission, shall be disregarded. (Added 71 of 1997 s. 8. Amended 29 of 2008 s. 96)
(3) Notwithstanding subsections (1) and (2), the District Court may consider any claim or application which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.
(4) For the purposes of subsection (3), the circumstances of the case include, in relation to any claim, whether the act to which the claim relates was the subject of a complaint lodged under section 84(1) and, if so, the period that elapsed between when the act was done and when that complaint was so lodged.
(5) For the purposes of this section-

(a) where the inclusion of any term in a contract renders the making of the contract an unlawful act, that act shall be treated as extending throughout the duration of the contract;

(b) any act extending over a period shall be treated as done at the end of that period; and

and, in the absence of evidence to the contrary, a person shall be taken for the purposes of this section to decide upon an omission when he does an act inconsistent with doing the omitted act or, if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the omitted act if it was to be done.
(6) The Chief Executive in Council may, by notice in the Gazette, amend subsection (1) by substituting a longer period for any period specified in that subsection. (Amended 66 of 1999 s. 3)
(7) In this section, relevant report (有關報告), in relation to an act referred to in subsection (1), means a report-

(a) published or made available for inspection under section 73; and

(b) from which it can reasonably be construed (and whether or not the report mentions, or was in any way prepared in consequence of, the act) that the Commission is of the opinion that the act, or the class of acts to which the act belongs, is unlawful under a provision of Part 3, 4 or 5.

(Amended E.R. 1 of 2013)
(Enacted 1995)