Page:Race Discrimination Ordinance (Cap. 602).pdf/37

RACE DISCRIMINATION ORDINANCE (2) It is unlawful for a club, the committee of management of a club or a member of the committee of management of a club to discriminate against a person who is a member of the club—
 * (a) by refusing or failing to accept the person’s application for a particular class or type of membership;
 * (b) in the terms or conditions of membership that is afforded to the person;
 * (c) by denying the person access, or limiting his or her access, to any benefits, services or facilities provided by the club;
 * (d) by depriving the person of membership or varying the terms of membership; or
 * (e) by subjecting the person to any other detriment.

37. Exception from section 36 for certain clubs

(1) Section 36 does not apply to, or in relation to, a club the main object of which is to enable the benefits of membership to be enjoyed by persons of a particular racial group defined otherwise than by reference to colour.

(2) In determining whether the main object of a club is as stated in subsection (1), regard shall be had to—
 * (a) the essential character of the club;
 * (b) the extent to which the affairs of the club are so conducted that the persons primarily enjoying the benefits of membership are of the racial group in question; and
 * (c) any other relevant circumstances.

(3) Where the main object of a club is to enable the benefits of membership to be enjoyed by persons of a number of different racial groups defined otherwise than by reference to colour—
 * (a) nothing in section 36 shall render unlawful any arrangements concerning membership which is designed to give effect to such object; and
 * (b) nothing in section 36 shall render unlawful a provision to which this paragraph applies or any act done in order to give effect to such a provision.

(4) Subsection (3)(b) applies to a provision which is designed to ensure that the committee of management of the club includes, in relation to each of the relevant racial groups, a minimum number of members, and—
 * (a) which for that purpose—
 * (i) reserves seats for each of those racial groups on that committee; or
 * (ii) makes extra seats available for persons of any such racial group when the number of persons of that racial group in the other seats falls below the minimum; and