Page:Race Discrimination Ordinance (Cap. 602).pdf/65

RACE DISCRIMINATION ORDINANCE Period within which proceedings to be brought 80. Period within which proceedings to be brought

(1) The District Court shall not consider a claim under section 70 unless proceedings in respect of the claim are instituted within the period of 24 months beginning—
 * (a) when the act complained of was done; or
 * (b) if there is a relevant report in relation to that act, with the day on which the report is published or made available for inspection under section 67,

whichever is the later.

(2) The District Court—
 * (a) shall not consider an application under section 76(2)(a) unless it is made within the period of 24 months beginning when the act to which it relates was done; and
 * (b) shall not consider an application under section 76(4) unless it is made within the period of 5 years so beginning.

(3) For the purposes of determining the period under subsection (1) within which proceedings may be brought, where an act to which the claim relates was the subject of a complaint lodged under section 78(1), then the period that elapsed between the date when the complaint was lodged and the date when the complaint was disposed of under section 78(3) or (4), as certified in writing by the Commission, shall be disregarded.

(4) Notwithstanding subsections (1) and (2), the District Court may consider any claim or application which is out of time, if, in all the circumstances of the case, it considers that it is just and equitable to do so.

(5) For the purposes of subsection (4), the circumstances of the case include, in relation to any claim—
 * (a) whether the act to which the claim relates was the subject of a complaint lodged under section 78(1); and
 * (b) if so, the period that elapsed between when the act was done and when that complaint was so lodged.

(6) For the purposes of this section—
 * (a) where the inclusion of any term in a contract renders the making of the contract an unlawful act, that act shall be treated as extending throughout the duration of the contract;
 * (b) any act extending over a period shall be treated as done at the end of that period; and
 * (c) a deliberate omission shall be treated as done when the person concerned decided upon it.