### Sex Discrimination Ordinance 《性別歧視條例》

19. Employment agencies
(1) It is unlawful for an employment agency to discriminate against a woman—
(a) in the terms on which the agency offers to provide any of its services;
(b) by refusing or deliberately omitting to provide any of its services; or
(c) in the way it provides any of its services.
(2) References in subsection (1) to the services of an employment agency include guidance on careers and any other services related to employment.
(3) This section shall not apply if the discrimination only concerns employment which the employer could lawfully refuse to offer the woman.
(4) An employment agency shall not be subject to any liability under this section if it proves—
(a) that it acted in reliance on a statement made to it by the employer to the effect that, by reason of the operation of subsection (3), its action would not be unlawful; and
(b) that it was reasonable for it to rely on the statement.
(5) A person who knowingly or recklessly makes a statement of the kind referred to in subsection (4)(a) which in a material respect is false or misleading commits an offence and is liable on conviction to a fine at level 4.

20. Discrimination against commission agents
(1) This section applies to any work for a person (the principal

21. Government
(1) Subject to subsection (2), without prejudice to the operation of the other provisions of this Part in relation to the Government, it is unlawful for the Government to discriminate against a woman in the performance of its functions or the exercise of its powers.
(2) Subsection (1) shall not render unlawful—
(a) as regards a woman not having the right to enter and remain in Hong Kong, any act done under any immigration legislation governing entry into, stay in and departure from Hong Kong; or
(b) any act done in relation to a woman if it was necessary for that act to be done in order to comply with a requirement of an existing statutory provision.

22. Ministers of religion, etc.
(1) Nothing in this Part applies to employment for the purposes of an organized religion where the employment is limited to one sex so as to comply with the doctrines of the religion or to avoid offending the religious susceptibilities common to its followers.
(2) Nothing in section 17 applies to an authorization or qualification (within the meaning of that section) for the purposes of an organized religion where the authorization or qualification is limited to one sex so as to comply with the doctrines of the religion or to avoid offending the religious susceptibilities common to its followers.

### Sex Discrimination Ordinance 《性別歧視條例》

23. Employees, etc.
(1) It is unlawful for a person, in relation to employment by him at an establishment in Hong Kong, to harass a woman who is seeking to be employed by the person.
(2) It is unlawful for a person, in the case of a woman employed by him at an establishment in Hong Kong, to harass her.
(3) It is unlawful for a person who is employed by another person at an establishment in Hong Kong to harass a woman who is seeking to be, or who is, employed by that second-mentioned person.
(4) It is unlawful for the principal, in relation to work to which section 13 applies, to harass a woman who is a contract worker.
(5) It is unlawful for a contract worker to harass a woman who is a fellow contract worker.
(6) It is unlawful for a partner in a firm to harass a woman who is seeking to be, or who is, a partner in the firm.
(7) Subsection (6) shall apply in relation to persons proposing to form themselves into a partnership as it applies in relation to a firm.
(8) Section 15(6) shall apply to subsection (6) as it applies to section 15(1).
(9) It is unlawful for the principal, in relation to work to which section 20 applies, to harass a woman who is a commission agent.
(10) It is unlawful for a commission agent to harass a woman who is a fellow commission agent.
(11) It is unlawful for a person who is seeking to be, or who is, employed by a woman at an establishment in Hong Kong to harass her.
(12) It is unlawful for a person residing in any premises to harass a woman— (Amended 3 of 2021 s. 13)
(a) employed by another person at an establishment in Hong Kong (and whether or not that other person also resides in those premises or those premises are that establishment); and
(b) carrying out in those premises all or part of her work in relation to her employment (and whether or not she also resides in those premises).
(Amended 3 of 2021 s. 13)

### Sex Discrimination Ordinance 《性別歧視條例》

23A. Harassment at workplace
(Amended 3 of 2021 s. 7)(1) It is unlawful for a person who is a workplace participant to harass a woman who is also a workplace participant at a workplace of them both. (Amended 3 of 2021 s. 7)
(2) In this section—
intern (實習人員) means a person who is engaged by another person for an internship but is not an employee of that other person;

internship (實習) means—
(a) a period of work the completion of which is required for attaining a professional or academic qualification and includes a pupillage; or
(b) any other work that is usually described as an internship;

volunteer (義工) means a person who performs volunteer work other than in the capacity of an employer or employee;

workplace (工作場所), in relation to a person, means a place—
(a) at which the person works as a workplace participant; or
(b) that the person attends as a workplace participant;

workplace participant (場所使用者) means—
(a) an employee;
(b) an employer;
(c) a contract worker;
(d) the principal, within the meaning of section 13(1), of a contract worker;
(e) a commission agent;
(f) the principal, within the meaning of section 20(1), of a commission agent;
(g) a partner in a firm;
(h) an intern; or
(i) a volunteer.

(Added 8 of 2020 s. 20)

24. Other harassment
(Amended 3 of 2021 s. 8)(1) It is unlawful for a member of an organization to which section 16 applies to harass a woman who is seeking to be, or who is, a member of the organization.
(2) It is unlawful for a member of an authority or body referred to in section 17 to harass a woman seeking an authorization or qualification (within the meaning of that section) which can be conferred by the authority or body, as the case may be.
(3) It is unlawful for a person to harass a woman seeking or undergoing training which would help fit her for any employment if that person provides, or makes arrangements for the provision of, facilities for such training.
(4) It is unlawful for a person who—
(a) operates an employment agency; or
(b) is a member of the staff of an employment agency,
to harass a woman in the course of offering to provide, or providing, any of the agency’s services to her.
(Amended 3 of 2021 s. 8)