Page:Race Discrimination Ordinance (Cap. 602).pdf/17

RACE DISCRIMINATION ORDINANCE PART 3 Discrimination by employers 10. Discrimination against applicants and employees

(1) It is unlawful for a person (“the employer”), in relation to employment by the employer at an establishment in Hong Kong, to discriminate against another person—
 * (a) in the arrangements the employer makes for the purpose of determining who should be offered that employment;
 * (b) in the terms on which the employer offers that other person employment; or
 * (c) by refusing, or deliberately omitting to offer, the other person that employment.

(2) It is unlawful for an employer, in the case of a person employed by that employer at an establishment in Hong Kong, to discriminate against that employee—
 * (a) in the terms of employment which the employer affords that employee;
 * (b) in the way the employer affords the employee access to opportunities for promotion, transfer or training, or to any other benefits, facilities or services, or by refusing or deliberately omitting to afford the employee access to them; or
 * (c) by dismissing the employee, or subjecting him or her to any other detriment.

(3) Except in relation to discrimination falling within section 6, subsections (1) and (2) do not apply to employment when the number of persons employed by the employer, added to the number employed by any associated employers of that employer, does not exceed 5. This subsection does not apply to the employment by a person of another person to perform domestic duties on the premises on which the first-mentioned person or his or her near relative resides.

(4) Subject to subsection (5), subsections (1)(b) and (2) do 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.