Page:Race Discrimination Ordinance (Cap. 602).pdf/27

RACE DISCRIMINATION ORDINANCE :(a) to modify for persons of any racial group its arrangements regarding holidays or medium of instruction; or
 * (b) to make different arrangements regarding holidays or medium of instruction for persons of any racial group.

(3) Subsection (1) does not apply to—
 * (a) discrimination which is rendered unlawful by any of the provisions of section 10 or 26; or
 * (b) discrimination which would be rendered unlawful by any of those provisions but for the operation of any other provision of this Ordinance.

21. Employment agencies

(1) It is unlawful for an employment agency to discriminate against a person—
 * (a) in the terms on which the agency offers to provide any of its services;
 * (b) by refusing, or deliberately omitting to provide, any of its services; or
 * (c) in the way it provides any of its services.

(2) References in subsection (1) to the services of an employment agency include guidance on careers and any other services related to employment.

(3) This section does not apply if the discrimination only concerns employment which the employer could lawfully refuse to offer the person.

(4) An employment agency is not subject to any liability under this section if it proves—
 * (a) that it acted in reliance on a statement made to it by the employer to the effect that, by reason of the operation of subsection (3), its action would not be unlawful; and
 * (b) that it was reasonable for it to rely on the statement.

(5) A person who knowingly or recklessly makes a statement of the kind referred to in subsection (4)(a) which in a material respect is false or misleading commits an offence and is liable on conviction to a fine at level 4.

22. Discrimination against commission agents

(1) This section applies to any work for a person (“the principal”) that is available for doing by individuals (“commission agents”) as the agents of the principal and who are remunerated, whether in whole or in part, by commission.

(2) It is unlawful for the principal, in relation to work to which this section applies, to discriminate against a person who is a commission agent—