Page:Race Discrimination Ordinance (Cap. 602).pdf/18

RACE DISCRIMINATION ORDINANCE (5) Subsections (1)(b) and (2) apply to provision made in relation to retirement of the kind mentioned in subsection (4) in so far as, in their application to such provision, they render it unlawful for a person (“the employer”) to discriminate against another person—
 * (a) in such of the terms on which the employer offers that other person employment as make provision in relation to the way in which the employer will afford that other person access to opportunities for promotion, transfer or training or as provide for that other person’s dismissal or demotion;
 * (b) in the way the employer affords that other person opportunities for promotion, transfer or training, or by refusing or deliberately omitting to afford that other person access to any such opportunities; or
 * (c) by dismissing that other person or subjecting that other person to any detriment which results in that other person’s dismissal or consists in or involves that other person’s demotion.

(6) Subsection (2) does not apply to benefits, facilities or services of any description if the employer 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 comprising the employee in question, unless—
 * (a) that provision differs in a material respect from the provision of the benefits, facilities or services by the employer to his or her employees;
 * (b) the provision of the benefits, facilities or services to the employee in question is regulated by the employee’s contract of employment; or
 * (c) the benefits, facilities or services relate to training.

(7) Except in relation to discrimination falling within section 5 or 6, nothing in subsection (1)(a) or (c) renders it unlawful for a person to discriminate against another person on the ground of the race of that other person, in connection with employment to perform domestic duties on the premises on which the first-mentioned person or his or her near relative resides.

(8) Subsection (3) expires on the third anniversary of the day on which this Ordinance is enacted.

(9) For the purposes of subsection (3), 2 employers are to be treated as associated if one is a company of which the other (directly or indirectly) has control or if both are companies of which a third person (directly or indirectly) has control.

(10) The Chief Executive in Council may, by notice published in the Gazette, do either or both of the following—
 * (a) amend subsection (3) by substituting another number for the number appearing after the word “exceed” in that subsection;