Page:Race Discrimination Ordinance (Cap. 602).pdf/43

RACE DISCRIMINATION ORDINANCE ::(i) towards, or towards any premises or property of, the second-mentioned person or the members of the class of persons; or
 * (ii) towards the premises or property of any other person to which the second-mentioned person or the members of the class of persons have access.

(2) For the purposes of subsection (1)(a), it is immaterial whether a person is actually incited, by an activity, to—
 * (a) hatred towards;
 * (b) serious contempt for; or
 * (c) severe ridicule of,

another person or members of a class of persons on the ground of the race of 'the person or members of the class of persons.

(3) A person who commits an offence under subsection (1) is liable on conviction to a fine at level 6 and to imprisonment for 2 years.

47. Liability of employers and principals

(1) Anything done by a person in the course of the person’s employment is to be treated for the purposes of this Ordinance as done by that person’s employer as well as by that person, whether or not it was done with the employer’s knowledge or approval.

(2) Anything done by a person (“the first-mentioned person”) as agent for another person (“the second-mentioned person”) with the authority (whether express or implied, and whether precedent or subsequent) of the second-mentioned person is to be treated for the purposes of this Ordinance as done by the second-mentioned person as well as the first-mentioned person.

(3) In proceedings brought under this Ordinance against any other person in respect of an act alleged to have been done by an employee of that person, it is a defence for that other person to prove that he or she took such steps as were reasonably practicable to prevent the employee from doing that act, or from doing in the course of the employee’s employment acts of that description.

(4) For the avoidance of doubt, it is declared that this section does not apply for the purposes of any criminal proceedings.

48. Aiding unlawful acts

(1) A person who knowingly aids another person to do an act made unlawful by this Ordinance is to be treated for the purposes of this Ordinance as himself or herself doing an unlawful act of the like description.