Cap 480 s 2 Interpretation (Sex Discrimination Ordinance)

Contents of Section

Chapter:	480	Title:	Sex Discrimination Ordinance	Gazette Number:	E.R. 1 of 2013
Section:	2	Heading:	Interpretation	Version Date:	25/04/2013

(1) In this Ordinance, unless the context otherwise requires-
access (獲得、享用) means access as construed in accordance with section 56;
act (作為) includes a deliberate omission;
advertisement (廣告) includes every form of advertisement, whether to the public or not, and whether-

(a) in a newspaper or other publication;

(b) by television or radio;

(d) by distribution of samples, circulars, catalogues, price lists or other material;

(e) by exhibition of pictures, models or films; or

(f) in any other way,

and references to the publishing of advertisements shall be construed accordingly;
Chairperson (主席) means the Chairperson of the Commission appointed under section 63(3)(a);
club (會社) means an association, incorporate or unincorporate, of not less than 30 persons associated together for social, literary, cultural, political, sporting, athletic or other lawful purposes and which provides and maintains its facilities, in whole or in part, from the funds of the association; (Amended 29 of 2008 s. 91)
Commission (委員會) means the Equal Opportunities Commission established under section 63(1);
commission agent (佣金經紀人) means commission agent as construed in accordance with section 20;
committee (小組委員會) means a committee established under section 64(2)(a);
committee of management (管理委員會), in relation to a club, means the group or body of persons (howsoever described) that manages the affairs of that club;
conciliator (調停人) means any person engaged by the Commission under section 64(2)(e); (Amended 15 of 2012 s. 11)
contract worker (合約工作者) means contract worker as construed in accordance with section 13;
discrimination (歧視) means any discrimination falling within section 5, 6, 7, 8 or 9, and related expressions shall be construed accordingly;
dispose (處置), in relation to premises, includes granting a right to occupy the premises, and any reference to acquiring premises shall be construed accordingly;
dynamically supported craft (動力承托的航行器) has the same meaning as in the Shipping and Port Control Ordinance (Cap 313); (Amended L.N. 315 of 1998)
education (教育) includes any form of training or instruction;
educational establishment (教育機構) means an educational establishment specified in column 1 of Schedule 1;
employment (僱用) means employment under-

(a) a contract of service or of apprenticeship; or

(b) a contract personally to execute any work or labour,

and related expressions shall be construed accordingly;
employment agency (職業介紹所) means a person who, for profit or not, provides services for the purpose of finding employment for workers or supplying employers with workers;
enforcement notice (執行通知) means a notice under section 77(2);
estate agent (地產代理) has the same meaning as in the Estate Agents Ordinance (Cap 511); (Replaced 29 of 2008 s. 91)
firm (商號) means firm within the meaning of the Partnership Ordinance (Cap 38);
formal investigation (正式調查) means an investigation under section 70;
general notice (一般通告), in relation to any person, means a notice published by him at a time and in a manner appearing to him suitable for securing that the notice is seen within a reasonable time by persons likely to be affected by it;
genuine occupational qualification (真正的職業資格) means genuine occupational qualification as construed in accordance with section 12(2);
man (男性) includes a male of any age;
marital status (婚姻狀況) means the state or condition of being-

(a) single;

(b) married;

(d) divorced; or

(e) widowed;

near relative (近親), in relation to a person, means-

(a) the person's spouse;

(b) a parent of the person or of the spouse;

(d) a brother or sister (whether of full blood or half blood) of the person or of the spouse or the spouse of such a brother or sister;

(e) a grandparent of the person or of the spouse; or

(f) a grandchild of the person or the spouse of such a grandchild,

and, in determining the above relationships, children born out of wedlock are to be included, an adopted child is to be regarded as a child of both the natural parents and the adoptive parent or parents and a step child as the child of both the natural parents and any step parent; (Added 29 of 2008 s. 91)

notice (通告、通知) means a notice in writing;
prescribed (訂明) means prescribed in rules made under section 88;
profession (專業) includes any vocation or occupation;
responsible body (負責組織), in relation to an educational establishment, means the body specified in column 2 of Schedule 1 opposite that establishment;
retirement (退休) includes retirement (whether voluntary or not) on grounds of age, length of service or incapacity;
sex discrimination (性別歧視) means any discrimination falling within section 5 or 6;
single-sex establishment (單性別機構) means single-sex establishment as construed in accordance with section 26;
trade (行業) includes any business;
training (訓練) includes any form of education or instruction;
woman (女性) includes a female of any age.
(2) References in this Ordinance to the dismissal of a person from employment or to the expulsion of a person from a position as partner include references-

(a) to the termination of that person's employment or partnership by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the employment or partnership is renewed on the same terms;

(b) to the termination of that person's employment or partnership by any act of his (including the giving of notice) in circumstances such that he is entitled to terminate it without notice by reason of the conduct of the employer, or the other partners, as the case may be.

(3) For the purposes of this Ordinance, an enforcement notice or a finding by the District Court becomes final when an appeal against the notice or finding is dismissed, withdrawn or abandoned or when the time for appealing expires without an appeal having been brought; and for this purpose an appeal against an enforcement notice shall be taken to be dismissed if, notwithstanding that a requirement of the notice is quashed on appeal, a direction is given in respect of it under section 78(3).
(4) (Repealed 29 of 2008 s. 91)
(5) For the purposes of this Ordinance, a person (howsoever described) sexually harasses a woman if-

(a) the person-

(i) makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to her; or

(ii) engages in other unwelcome conduct of a sexual nature in relation to her,

in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that she would be offended, humiliated or intimidated; or

(b) the person, alone or together with other persons, engages in conduct of a sexual nature which creates a hostile or intimidating environment for her. (Amended 29 of 2008 s. 91)

(6) (Repealed 29 of 2008 s. 91)
(7) In subsection (5)-
conduct of a sexual nature (涉及性的行徑) includes making a statement of a sexual nature to a woman, or in her presence, whether the statement is made orally or in writing.
(8) A provision of Part 3 or 4 framed with reference to sexual harassment of women shall be treated as applying equally to the treatment of men and for that purpose that provision, and subsections (5) and (7), shall have effect with such modifications as are necessary.
(9) Subject to subsection (10), in this Ordinance existing statutory provision (現有法例條文) means any provision of-

(a) any Ordinance enacted before this Ordinance was enacted;

(b) any subsidiary legislation made-

(i) under an Ordinance enacted before this Ordinance was enacted; and

(ii) before, on or after this Ordinance was enacted.

(10) Where an Ordinance enacted after this Ordinance was enacted re-enacts (with or without modifications) a provision of an Ordinance enacted before this Ordinance was enacted, then that provision as re-enacted shall be treated for the purposes of subsection (9) as if it continued to be contained in an Ordinance enacted before this Ordinance was enacted.

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