Page:Race Discrimination Ordinance (Cap. 602).pdf/23

RACE DISCRIMINATION ORDINANCE 16. Meaning of employment at establishment in Hong Kong

(1) For the purposes of this Ordinance (“the relevant purposes”), employment is to be regarded as being at an establishment in Hong Kong unless the employee does his or her work wholly or mainly outside Hong Kong.

(2) Subsection (1) does not apply to—
 * (a) employment on board a ship registered in Hong Kong; or
 * (b) employment on an aircraft or a dynamically supported craft registered in Hong Kong and operated by a person whose principal place of business is in Hong Kong or who is ordinarily resident in Hong Kong,

but for the relevant purposes such employment is to be regarded as being at an establishment in Hong Kong unless the employee does his or her work wholly outside Hong Kong.

(3) In the case of employment on board a ship registered in Hong Kong (except where the employee does his or her work wholly outside Hong Kong) the ship is deemed for the relevant purposes to be the establishment.

(4) Where work is not done at an establishment it is to be treated for the relevant purposes as done at the establishment from which it is done or (where it is not done from any establishment) at the establishment with which it has the closest connection. Discrimination by other bodies 17. Partnerships

(1) It is unlawful for a firm consisting of not less than 6 partners, in relation to a position as partner in the firm, to discriminate against a person—
 * (a) in the arrangements they make for the purpose of determining who should be offered that position;
 * (b) in the terms on which they offer the person that position;
 * (c) by refusing, or deliberately omitting to offer, the person that position; or
 * (d) in a case where the person already holds that position—
 * (i) in the way they afford the person access to any benefits, facilities or services, or by refusing or deliberately omitting to afford him or her access to them; or
 * (ii) by expelling the person from that position, or subjecting him or her to any other detriment.

(2) Subsection (1) applies in relation to persons proposing to form themselves into a partnership as it applies in relation to a firm.