### Family Status Discrimination Ordinance 《家庭崗位歧視條例》

34. Liability of employees and principals
(1) Anything done by a person in the course of his employment shall be treated for the purposes of this Ordinance as done by his employer as well as by him, whether or not it was done with the employer’s knowledge or approval.
(2) Anything done by a person as agent for another person with the authority (whether express or implied, and whether precedent or subsequent) of that other person shall be treated for the purpose of this Ordinance as done by that other person as well as by him.
(3) In proceedings brought under this Ordinance against any person in respect of an act alleged to have been done by an employee of his it shall be a defence for that person to prove that he took such steps as were reasonably practicable to prevent the employee from doing that act, or from doing in the course of his employment acts of that description.
(4) For the avoidance of doubt, it is hereby declared that this section shall not apply for the purposes of any criminal proceedings.

35. Aiding unlawful acts
(1) A person who knowingly aids another person to do an act made unlawful by this Ordinance shall be treated for the purposes of this Ordinance as himself doing an unlawful act of the like description.
(2) For the purposes of subsection (1), an employee or agent for whose act the employer or principal is liable under section 34 (or would be so liable but for section 34(3)) shall be deemed to aid the doing of the act by the employer or principal.
(3) A person does not under this section knowingly aid another to do an unlawful act if—
(a) he acts in reliance on a statement made to him by that other person that, by reason of any provision of this Ordinance, the act which he aids would not be unlawful; and
(b) it is reasonable for him to rely on the statement.
(4) A person who knowingly or recklessly makes a statement of the kind referred to in subsection (3)(a) which in a material respect is false or misleading commits an offence and is liable on conviction to a fine at level 4.

### Family Status Discrimination Ordinance 《家庭崗位歧視條例》

36. Special measures
Nothing in Part III, IV or V shall render unlawful an act that is reasonably intended to—
(a) ensure that persons who have family status or a particular family status have equal opportunities with other persons in circumstances in relation to which a provision is made by this Ordinance;
(b) afford persons who have family status or a particular family status goods or access to services, facilities or opportunities to meet their special needs in relation to—
(i) employment, education, welfare or clubs; or
(ii) the provision of premises, goods, services or facilities;
(c) afford persons who have family status or a particular family status, grants, benefits, or programmes, whether direct or indirect, to meet their special needs in relation to—
(i) employment, education, welfare or clubs; or
(ii) the provision of premises, goods, services or facilities.

37. Charities
(1) Nothing in Part III, IV or V shall—
(a) be construed as affecting a provision to which this subsection applies; or
(b) render unlawful an act which is done in order to give effect to such a provision.
(2) Subsection (1) applies to a provision for conferring benefits on persons of a particular family status (disregarding any benefits to others which are exceptional or are relatively insignificant), being a provision which is contained in a charitable instrument.
(3) In applying this section, account shall be taken of section 88 of the Inland Revenue Ordinance (Cap. 112).
(4) In this section—
charitable instrument (慈善文書) means an enactment or other instrument so far as it relates to charitable purposes;
charitable purposes (慈善目的) means purposes which are exclusively charitable according to any enactment or rule of law.

38. Insurance, etc.
Nothing in Part III, IV or V shall render unlawful the treatment of a person in relation to any class of insurance business, or similar matter involving the assessment of risk, where the treatment—
(a) was effected by reference to actuarial or other data from a source on which it was reasonable to rely; and
(b) was reasonable having regard to the data and any other relevant factors.

### Family Status Discrimination Ordinance 《家庭崗位歧視條例》

39. Discriminatory training by certain bodies
(1) Nothing in Part III, IV or V shall render unlawful any act done by any person in, or in connection with, affording persons access to facilities for training which would help to fit them for employment, where it reasonably appears to that person that those persons are in special need of training by reason of the period for which they have been discharging domestic or family responsibilities to the exclusion of regular full time employment.
(2) For the avoidance of doubt, it is hereby declared that the discrimination in relation to which subsection (1) applies may result from confining the training to persons who have been discharging domestic or family responsibilities, or from the way persons are selected for training, or both.
(3) This section shall not apply to any discrimination which is rendered unlawful by section 8.

40. Indirect access to benefits, etc.
(1) References in this Ordinance to the affording by any person of access to benefits, facilities or services are not limited to benefits, facilities or services provided by that person himself, but include any means by which it is in that person’s power to facilitate access to benefits, facilities or services provided by any other person (actual provider

41. Acts done under statutory authority to be exempt from provisions of Part III or IV
Nothing in—
(a) Part III or IV;
(b) Part V so far as it has effect in relation to provisions in those parts,
shall render unlawful any act done by a person if it was necessary for that person to do it in order to comply with a requirement of an existing statutory provision.

42. Application to New Territories Ordinance
Nothing in Part IV or V shall—
(a) be construed as affecting the operation of any of the provisions of the New Territories Ordinance (Cap. 97); or
(b) render unlawful any act done by any person in, or in connection with, the operation of any of those provisions.

43. Further exceptions
(1) No provision or Part of this Ordinance specified in column 1 in Part 2 of Schedule 2 shall render unlawful any discrimination specified opposite thereto in column 2 of that Schedule.
(2) Nothing in Part III, IV or V shall render unlawful any act done by any person—
(a) in connection with any discrimination which is not unlawful by virtue of the operation of subsection (1); and
(b) to the extent that it is done for the purposes of that discrimination.