### Race Discrimination Ordinance 《種族歧視條例》

66. Power to obtain information
(1) For the purposes of a formal investigation, the Commission, by a notice in the prescribed form served on a person in the prescribed manner, may—
(a) require the person to furnish such written information as may be described in the notice;
(b) specify the time at which, and the manner and form in which, the information is to be furnished; and
(c) require the person to attend at the time and place specified in the notice and give oral information about, and produce all documents in the person’s possession or control relating to, any matter specified in the notice.
(2) Except as provided in section 73, a notice may be served under subsection (1) only where—
(a) service of the notice has been authorized in writing by or on behalf of the Chief Secretary for Administration; or
(b) the terms of reference of the formal investigation—
(i) state that the Commission believes that a person named in them may have done or may be doing all or any of the acts described in subsection (3); and
(ii) confine the investigation to those acts.
(3) The acts referred to in subsection (2)(b)(i) are acts of the following descriptions—
(a) unlawful discriminatory acts;
(b) unlawful acts of harassment;
(c) contraventions of section 41, 42, 43, 44 or 45.
(4) A notice under subsection (1) may not require a person—
(a) to give information, or produce any documents, which the person could not be compelled to give in evidence, or produce, in civil proceedings before the Court of First Instance; or
(b) to attend at any place unless the necessary expenses of the person’s journey to and from that place are paid or tendered to him or her.
(5) If—
(a) a person fails to comply with a notice served on that person under subsection (1); or
(b) the Commission has reasonable cause to believe that that person intends not to comply with it,
the Commission may apply to the District Court for an order requiring the person to comply with the notice or with such directions for the like purpose as may be contained in the order; and section 66A of the District Court Ordinance (Cap. 336) applies to failure without reasonable excuse to comply with any such order as it applies in the cases there provided.
(6) A person who—
(a) wilfully alters, suppresses, conceals or destroys a document which he or she has been required by a notice or order under this section to produce; or
(b) in complying with such a notice or order, knowingly or recklessly makes any statement which in a material respect is false or misleading,
commits an offence.
(7) A person who commits an offence under subsection (6) is liable on conviction to a fine at level 4.

### Race Discrimination Ordinance 《種族歧視條例》

67. Recommendations and reports on formal investigations
(1) If in the light of its findings in a formal investigation it appears to the Commission necessary or expedient, whether during the course of the investigation or after its conclusion—
(a) to make to any persons, with a view to promoting equality of opportunity and harmony between persons of different racial groups who are affected by any of their activities, recommendations for changes in their policies or procedures, or as to any other matters; or
(b) to make to the Chief Secretary for Administration any recommendations, whether for changes in the law or otherwise,
the Commission shall make those recommendations accordingly.
(2) The Commission shall prepare a report of its findings in any formal investigation conducted by it.
(3) If the formal investigation is one required by the Chief Secretary for Administration, the following applies—
(a) the Commission shall deliver the report to the Chief Secretary for Administration;
(b) the Chief Secretary for Administration shall cause the report to be published in such manner as he or she thinks fit; and
(c) unless required by the Chief Secretary for Administration, the Commission shall not publish the report.
(4) If the formal investigation is not one required by the Chief Secretary for Administration, the Commission shall publish the report or make it available for inspection in accordance with subsection (5).
(5) Where under subsection (4) a report is to be made available for inspection, any person shall be entitled, on payment of a reasonable fee, if any, as may be determined by the Commission—
(a) to inspect the report during ordinary office hours and take copies of the whole report or any part of it; or
(b) to obtain from the Commission a copy, certified by the Commission to be correct, of the report.
(6) The Commission may, if it thinks fit, determine that the right conferred by subsection (5)(a) is exercisable in relation to a copy of the report, instead of, or in addition to, the original.
(7) The Commission shall give general notice of the place or places where, and the times when, the report or a copy of it may be inspected.

68. Restrictions on disclosure of information
(1) No information given to the Commission by any person (the informant

69. Restrictions on proceedings for contravention of Ordinance
(1) Except as otherwise provided by this Ordinance, no proceedings, whether civil or criminal, lie against any person in respect of an act by reason that the act is unlawful by virtue of a provision of this Ordinance.
(2) Subsection (1) does not preclude the making of an order of certiorari, mandamus or prohibition.

70. Claims in respect of discrimination, harassment and vilification
(1) A claim by or on behalf of any person (the claimant

### Race Discrimination Ordinance 《種族歧視條例》

71. Issue of enforcement notices
(1) This section applies to any act which is—
(a) an unlawful discriminatory act;
(b) an unlawful act of harassment;
(c) a contravention of section 41; or
(d) a contravention of section 42, 43, 44 or 45,
and so applies whether or not the proceedings have been brought in respect of the act.
(2) If in the course of a formal investigation the Commission becomes satisfied that a person is committing, or has committed, any acts to which this section applies, the Commission may in the prescribed manner serve on the person a notice in the prescribed form requiring the person—
(a) not to commit any such acts (which may include discontinuing or changing any of the person’s practices or other arrangements which occasioned those acts, in particular to avoid any repetition thereof); and
(b) where compliance with paragraph (a) involves changes in any of the person’s practices or other arrangements—
(i) to inform the Commission that he or she has effected changes and what those changes are; and
(ii) to take such steps as may be reasonably required by the notice for the purpose of affording that information to other persons concerned.
(3) An enforcement notice may also require the person on whom it is served to furnish the Commission with such other information as may be reasonably required by the notice in order to verify that the notice has been complied with.
(4) An enforcement notice may specify the time at which, and the manner and form in which, any information is to be furnished to the Commission, but the time at which any information is to be furnished in compliance with the notice must not be later than 5 years after the notice has become final.
(5) Section 66(5) applies to requirements under subsections (2)(b), (3) and (4) contained in an enforcement notice which has become final as it applies to requirements in a notice served under section 66(1).

72. Appeal against enforcement notice
(1) Not later than 45 days after an enforcement notice is served on any person, he or she may appeal to the District Court against any requirement in the notice.
(2) Where the District Court considers a requirement in respect of which an appeal is brought under subsection (1) to be unreasonable because it is based on an incorrect finding of fact or for any other reason, the Court shall quash the requirement.
(3) On quashing a requirement under subsection (2), the District Court may direct that the enforcement notice shall be treated as if, in place of the requirement quashed, it had contained a requirement in terms specified in the direction.
(4) Subsection (1) does not apply to a requirement treated as included in an enforcement notice by virtue of a direction under subsection (3).