(1) This section applies to any work for a person (“the principal”) that is available for doing by individuals (“contract workers”) who are employed not by the principal himself or herself but by a contractor or sub-contractor of the principal.
(2) It is unlawful for the principal, in relation to work to which this section applies, to discriminate against a contract worker—
(a) in the terms on which the principal allows that contract worker to do that work;
(b) by not allowing the contract worker to do it or continue to do it;
(c) in the way the principal affords the contract worker access to any benefits, facilities or services, or by refusing or deliberately omitting to afford him or her access to them; or
(d) by subjecting the contract worker to any other detriment.
(3) The principal does not contravene subsection (2)(b) by doing any act in relation to a person not of a particular racial group at a time when, if the work were to be done by a person taken into the principal’s employment, being of that racial group would be a genuine occupational qualification for the job.
(4) Without prejudice to section 8(2) and (3), nothing in this section renders unlawful any act done by the principal for the benefit of a contract worker not ordinarily resident in Hong Kong in or in connection with allowing the contract worker to do work to which this section applies, where the purpose of the contract worker’s being allowed to do that work is to provide him or her with training in skills which he or she appears to the principal to intend to exercise wholly outside Hong Kong.
(5) Without prejudice to section 8(2) and (3), nothing in this section renders unlawful any act done by the principal for the benefit of any contract worker in or in connection with allowing the contract worker to do work to which this section applies, where—
(a) the work requires special skills, knowledge or experience not readily available in Hong Kong;
(b) the contract worker—
(i) possesses those skills, knowledge or experience; and
(ii) comes to do the work from a place outside Hong Kong; and
(c) the act is reasonably done for a person who comes from that place, having regard to—
(i) the prevailing terms of employment offered to persons with those skills, knowledge or experience in places outside Hong Kong; and
(ii) any other relevant circumstances (other than the race of the person).
(6) Subsection (2)(c) does not apply to benefits, facilities or services of any description if the principal is concerned with the provision (for payment or not) of benefits, facilities or services of that description to the public, or to a section of the public to which the contract worker in question belongs, unless that provision differs in a material respect from the provision of the benefits, facilities or services by the principal to his or her contract workers.
(7) In this section—
“contractor” (承判商) means a person who undertakes any work for the principal under a contract that is entered into by the person directly with the principal;
“sub-contractor” (次承判商) means a person who enters into a contract with another person (whether or not a contractor of the principal) to undertake all or any part of the work that a contractor of the principal has undertaken.