Page:Race Discrimination Ordinance (Cap. 602).pdf/59

RACE DISCRIMINATION ORDINANCE 72. Appeal against enforcement notice

(1) Not later than 45 days after an enforcement notice is served on any person, he or she may appeal to the District Court against any requirement in the notice.

(2) Where the District Court considers a requirement in respect of which an appeal is brought under subsection (1) to be unreasonable because it is based on an incorrect finding of fact or for any other reason, the Court shall quash the requirement.

(3) On quashing a requirement under subsection (2), the District Court may direct that the enforcement notice shall be treated as if, in place of the requirement quashed, it had contained a requirement in terms specified in the direction.

(4) Subsection (1) does not apply to a requirement treated as included in an enforcement notice by virtue of a direction under subsection (3).

73. Investigation as to compliance with enforcement notice

(1) If—
 * (a) the terms of reference of a formal investigation state that its purpose is to determine whether any requirements of an enforcement notice are being or have been carried out, but section 66(2)(b) does not apply; and
 * (b) section 65(3) is complied with in relation to the investigation on a date (“commencement date”) not later than the expiration of the period of 5 years beginning when the enforcement notice became final,

the Commission may within the relevant period serve notices under section 66(1) for the purposes of the investigation without needing to obtain the consent of the Chief Secretary for Administration.

(2) In subsection (1), “relevant period” (有關期間) means the period beginning on the commencement date and ending on the later of the following dates—
 * (a) the date on which the period of 5 years referred to in subsection (1)(b) expires;
 * (b) the date 2 years after the commencement date.

74. Register of enforcement notices

(1) The Commission shall establish and maintain a register (“the register”) of enforcement notices which have become final.