Page:Race Discrimination Ordinance (Cap. 602).pdf/63

RACE DISCRIMINATION ORDINANCE :(a) it is satisfied that the act is not unlawful by reason of a provision of this Ordinance;
 * (b) it is of the opinion that the person aggrieved by the act does not desire (or, in a case to which subsection (2) applies, none of the persons aggrieved by the act desires) that the investigation be conducted or continued;
 * (c) a period of more than 12 months has elapsed beginning when the act was done;
 * (d) in a case to which subsection (2) applies, it determines, in accordance with rules made under section 82, that the complaint should not be a representative complaint; or
 * (e) it is of the opinion that the complaint is frivolous, vexatious, misconceived or lacking in substance.

(5) Where the Commission decides not to conduct, or to discontinue, an investigation into an act the subject of a complaint lodged under subsection (1), it shall by notice served on the person who lodged the complaint advise the person of—
 * (a) that decision; and
 * (b) the reason for that decision.

(6) Evidence of anything said or done by any person in the course of conciliation under this section (including anything said or done at any conference held for the purposes of such conciliation) is not admissible in evidence in any proceedings under this Ordinance except with the consent of that person.

(7) For the avoidance of doubt, it is declared that subsection (6) does not apply where—
 * (a) a complaint is lodged under subsection (1); and
 * (b) a settlement has been effected of the matter to which the act the subject of the complaint relates.

79. Assistance other than by way of conciliation

(1) Where—
 * (a) a complaint has been lodged under section 78(1); but
 * (b) for whatever reason, there has not been a settlement of the matter to which the act the subject of the complaint relates,

then any person who may institute proceedings under this Ordinance in respect of that act may make an application to the Commission for assistance in respect of those proceedings.

(2) The Commission shall consider an application under subsection (1) and may grant it if it thinks fit to do so, in particular where—
 * (a) the case raises a question of principle; or