Page:Race Discrimination Ordinance (Cap. 602).pdf/62

RACE DISCRIMINATION ORDINANCE :(a) the question, and any reply by the respondent (whether or not in accordance with such a form) is, subject to subsections (3), (4) and (5), admissible as evidence in the proceedings; and
 * (b) if it appears to the District Court that the respondent deliberately, and without reasonable excuse, omitted to reply within a reasonable period or that the respondent’s reply is evasive or equivocal, the Court may draw any inference from that fact it considers it just and equitable to draw, including an inference that the respondent committed an unlawful act.

(3) The Commission may—
 * (a) prescribe the period within which questions must be served in order to be admissible under subsection (2)(a); and
 * (b) prescribe the manner in which a question, and any reply by the respondent, may be served.

(4) Rules under the District Court Ordinance (Cap. 336) may enable the District Court entertaining a claim under section 70 to determine, before the date fixed for the hearing of the claim, whether a question or reply is admissible under this section or not.

(5) This section is without prejudice to any other enactment or rule of law regulating interlocutory and preliminary matters in proceedings before the District Court, and has effect subject to any enactment or rule of law regulating the admissibility of evidence in such proceedings.

(6) In this section, “respondent” (答辯人) includes a prospective respondent.

78. Assistance by way of conciliation

(1) A person may lodge with the Commission a complaint in writing alleging that another person has done an act which is unlawful by virtue of a provision of this Ordinance.

(2) A representative complaint may be lodged under subsection (1) in accordance with rules made under section 82.

(3) Subject to subsection (4), where a complaint is lodged under subsection (1), the Commission shall—
 * (a) conduct an investigation into the act the subject of the complaint; and
 * (b) endeavour, by conciliation, to effect a settlement of the matter to which the act relates.

(4) The Commission may decide not to conduct, or to discontinue, an investigation into an act the subject of a complaint lodged under subsection (1) if—