Contents of Section

Chapter:

602 PDFTitle:Race Discrimination OrdinanceGazette Number:E.R. 1 of 2013
Section:63Heading:Codes of practiceVersion Date:25/04/2013


Codes of Practice

(1) The Commission may issue codes of practice containing such practical guidance as it thinks fit for the purposes of—
    (a) the elimination of discrimination;
    (b) the promotion of equality of opportunity and harmony between persons of different racial groups; or
    (c) the elimination of harassment and vilification.
(2) When the Commission proposes to issue a code of practice, it shall prepare and publish (otherwise than in the Gazette) the code; it shall consider any representations made to it about the code and may modify the code accordingly.
(3) In the course of preparing any code of practice for eventual publication under subsection (2), the Commission shall consult such associations, organizations, associations of organizations or bodies as appear to the Commission to be appropriate including any associations, organizations, associations of organizations or bodies specified by the Secretary for Constitutional and Mainland Affairs by notice published in the Gazette.
(4) If the Commission determines to proceed with a code of practice published under subsection (2), it shall cause the code to be—
    (a) published in the Gazette; and
    (b) laid on the table of the Legislative Council at the next sitting after its publication in the Gazette.
(5) The Legislative Council may, by resolution passed at a sitting of the Legislative Council held not later than 28 days after the sitting at which a code of practice is laid on the table of that Council (the relevant period), provide that the code of practice shall be amended in any manner consistent with this section.
(6) If the relevant period would but for this section expire after the end of a session or a dissolution of the Legislative Council, but on or before the day of its second sitting in the next session, the period for amending the code is deemed to be extended and expire on the day after that second sitting.
(7) The Legislative Council may, before the expiration of the relevant period, by resolution extend the period for amending the code of practice to the first sitting of that Council held not earlier than the twenty-first day after the day of such expiration.
(8) Where the relevant period is extended under subsection (6), the Legislative Council may, before the expiration of the extended period, by resolution extend that extended period to the first sitting of that Council held not earlier than the twenty-first day after the day of the second sitting in the next session referred to in that subsection.
(9) A resolution passed by the Legislative Council in accordance with this section shall be published in the Gazette not later than 14 days after the passing of the resolution or within such further period as the Chief Executive may allow in a particular case.
(10) A code of practice shall come into operation—
    (a) if on the expiration of the relevant period or that period as extended under subsection (6), (7) or (8), the Legislative Council has not passed a resolution amending the code of practice, on the expiration of the relevant period or that period as so extended (as the case may be); and
    (b) if the Legislative Council passes a resolution amending the code of practice, at midnight on the day before the day on which the resolution is published in the Gazette.
(11) A code of practice may contain such transitional provisions or savings as appear to the Commission to be necessary or expedient in connection with the matters which are the subject of the code.
(12) The Commission may from time to time revise the whole or any part of a code of practice and issue the revised code, and subsections (2), (3), (4), (5), (6), (7), (8), (9), (10) and (11) apply (with appropriate modifications) to a revised code.
(13) Without limiting subsection (1), a code of practice may include such practical guidance as the Commission thinks fit as to what steps it is reasonably practicable for employers to take for the purpose of preventing their employees from doing in the course of their employment acts made unlawful by this Ordinance.
(14) A failure on the part of any person to observe any provision of a code of practice shall not of itself render the person liable to any proceedings; but in any proceedings under this Ordinance before any court any code of practice issued under this section shall be admissible in evidence, and if any provision of such a code appears to the court to be relevant to any question arising in the proceedings it shall be taken into account in determining that question.
(15) In this section, sitting (會議), when used to calculate time, means the day on which the sitting commences and only includes a sitting at which subsidiary legislation is included in the order paper.