Page:Race Discrimination Ordinance (Cap. 602).pdf/12

RACE DISCRIMINATION ORDINANCE “retirement” (退休) includes retirement (whether voluntary or not) on grounds of age, length of service or incapacity;

“trade” (行業) includes any business;

“training” (訓練) includes any form of education or instruction.

(2) References in this Ordinance to “race”, “on the ground of race” and “racial group” shall be construed in accordance with section 8.

(3) 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 that person (including the giving of notice) in circumstances such that that person is entitled to terminate it without notice by reason of the conduct of the employer, or the other partners, as the case may be.

(4) 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notice or a finding by the District Court becomes final when an appeal against the notice or finding is dismissed, withdrawn or abandoned or when the time for appealing expires without an appeal having been brought; and for this purpose an appeal against an enforcement notice is 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 72(3).

(5) Subject to subsection (6), in this Ordinance, “existing statutory provision” (現有法例條文) means a provision of—
 * (a) an Ordinance enacted before this Ordinance was enacted; or
 * (b) any subsidiary legislation made—
 * (i) under an Ordinance enacted before this Ordinance was enacted; and
 * (ii) before, on or after the enactment of this Ordinance.

(6) Where an Ordinance, enacted after this Ordinance was enacted, reenacts (with or without modifications) a provision of an Ordinance enacted before this Ordinance was enacted, then that provision as re-enacted is to be treated for the purposes of subsection (5) as if it continued to be contained in an Ordinance enacted before this Ordinance was enacted.

(7) The Secretary for Justice may, by notice published in the Gazette, amend this Ordinance by substituting, for a reference to the commencement date of a provision, the actual calendar date appointed for the commencement of that provision.