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Chapter:

602 PDFTitle:Race Discrimination OrdinanceGazette Number:L.N. 166 of 2009
Section:17Heading:PartnershipsVersion Date:10/07/2009

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 personˇX
        (a) in the arrangements they make for the purpose of determining who should be offered that position;
        (b) in the terms on which they offer the person that position;
        (c) by refusing, or deliberately omitting to offer, the person that position; or
        (d) in a case where the person already holds that positionˇX
          (i) in the way they afford the person access to any benefits, facilities or services, or by refusing or deliberately omitting to afford him or her access to them; or
          (ii) by expelling the person from that position, or subjecting him or her to any other detriment.
(2) Subsection (1) applies 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) does not apply to a position as partner, where, if it were employment, being of a particular racial group would be a genuine occupational qualification for the job.
(4) Subject to subsection (5), subsection (1)(b) and (d) does not apply to provision in relation to death or retirement for a person made before the commencement date in so far as any such provision continues for that person on and after that date.
(5) Subsection (1)(b) and (d) applies to provision made in relation to retirement of the kind mentioned in subsection (4) in so far as, in its application to such provision, it renders it unlawful for a firm to discriminate against a personˇX
        (a) in such of the terms on which the firm offers the person a position as partner as provide for his or her expulsion from that position; or
        (b) by expelling the person from a position as partner or subjecting him or her to any detriment which results in his or her expulsion from such a position.
(6) 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(1) of the Limited Partnerships Ordinance (Cap 37).
(7) The Chief Executive in Council may, by notice published in the Gazette, amend subsection (1) byˇX
        (a) substituting another number for the number appearing in that subsection; or
        (b) repealing the words and number appearing after ˇ§for a firmˇ¨ and before ˇ§, in relation toˇ¨.