Page:Race Discrimination Ordinance (Cap. 602).pdf/32

RACE DISCRIMINATION ORDINANCE :(c) in the person’s treatment of the other person in relation to any list of persons in need of the premises of that description.

(2) It is unlawful for a person, in relation to premises managed by that person, to discriminate against another person (“the second-mentioned person”)—
 * (a) in the way he or she affords the second-mentioned person access to any benefits or facilities, or by refusing or deliberately omitting to afford the second-mentioned person access to them; or
 * (b) by evicting the second-mentioned person, or subjecting him or her to any other detriment.

(3) Subsection (1) does not apply to a person who owns an estate or interest in the premises and wholly occupies them unless the person uses the services of an estate agent for the purposes of the disposal of the premises, or publishes or causes to be published, an advertisement in connection with the disposal.

(4) In this section, “power to dispose” (有權處置), in relation to premises, includes the power to sell, rent, let, sub-let or otherwise part with possession of those premises.

29. Discrimination: consent for assignment or sub-letting

(1) Where the licence or consent of a landlord or of any other person is required for the disposal to any person of premises in Hong Kong comprised in a tenancy, it is unlawful for the landlord or other person to discriminate against a person (“assignee/sublettee”) by withholding the licence or consent for disposal of the premises to the assignee/sublettee.

(2) Subsection (1) does not apply if—
 * (a) the person withholding the licence or consent or a near relative of that person (“the relevant occupier”) resides, and intends to continue to reside, on the premises;
 * (b) there is on the premises, in addition to the accommodation occupied by the relevant occupier, accommodation (not being storage accommodation or means of access) shared by the relevant occupier with other persons residing on the premises who are not members of the relevant occupier’s household; and
 * (c) the premises are small premises as construed according to section 30(2).

(3) For the avoidance of doubt, it is declared that this section applies to tenancies created before the enactment of this Ordinance as well as to tenancies created on or after the enactment of this Ordinance.