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

41. Discriminatory practices
(1) In this section, discriminatory practice (歧視性的做法) means the application of a requirement or condition—
(a) which results in an act of discrimination which is unlawful by virtue of any provision of Part 3 or 4 as read with section 4(1)(b); or
(b) which would be likely to result in such an act of discrimination if the persons to whom it is applied were not all of the same racial group.

(2) A person acts in contravention of this section if and so long as the person—
(a) applies a discriminatory practice; or
(b) operates practices or other arrangements which in any circumstances would call for the application by the person of a discriminatory practice.
(3) Proceedings in respect of a contravention of this section may be brought only by the Commission and any such proceedings must be brought in accordance with sections 71, 72, 73, 74 and 75.

42. Discriminatory advertisements
(1) It is unlawful to publish or cause to be published an advertisement which indicates, or might reasonably be understood as indicating, an intention by a person to do any act which is or might be unlawful by virtue of Part 3 or 4.
(2) Subsection (1) does not apply to an advertisement if the intended act would not in fact be unlawful.
(3) For the purposes of subsection (1), use of a job description which is specific with reference to race is to be taken to indicate an intention to discriminate, unless the advertisement contains an indication to the contrary.
(4) The publisher of an advertisement made unlawful by subsection (1) is not subject to any liability under that subsection in respect of the publication of the advertisement if the publisher proves—
(a) that the advertisement was published in reliance on a statement made to the publisher by the person who caused it to be published to the effect that, by reason of the operation of subsection (2), the publication would not be unlawful; and
(b) that it was reasonable for the publisher 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 leve1 4.

43. Instructions to discriminate
It is unlawful for a person—
(a) who has authority over another person; or
(b) in accordance with whose wishes that other person is accustomed to act,
to instruct that other person to do any act which is unlawful by virtue of Part 3 or 4, or procure or attempt to procure the doing by him or her of any such act.

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

44. Pressure to discriminate
(1) It is unlawful to induce, or attempt to induce, a person to do any act which contravenes Part 3 or 4 by—
(a) providing or offering to provide the person with any benefit; or
(b) subjecting or threatening to subject the person to any detriment.
(2) An offer or threat is not prevented from falling within subsection (1) because it is not made directly to the person concerned, if it is made in such a way that he or she is likely to hear of it.

45. Vilification
(1) It is unlawful for a person, by any activity in public, to incite hatred towards, serious contempt for, or severe ridicule of, another person or members of a class of persons on the ground of the race of the person or members of the class of persons.
(2) For the purposes of subsection (1), it is immaterial whether a person is actually incited, by an activity, to—
(a) hatred towards;
(b) serious contempt for; or
(c) severe ridicule of,
another person or members of a class of persons on the ground of the race of the person or members of the class of persons.
(3) Nothing in this section renders unlawful—
(a) a fair report on an activity in public;
(b) an activity in public that—
(i) is a communication or the distribution or dissemination of any matter; and
(ii) consists of a publication which is subject to a defence of absolute privilege in proceedings for defamation; or
(c) an activity in public done reasonably and in good faith, for academic, artistic, scientific or research purposes or for other purposes in the public interest, including discussions about and expositions of any matter.
(4) In this section and section 46, activity in public (公開活動) includes any of the following activities, whether or not the person carrying out the activity is in a public place while carrying out the activity—
(a) any form of communication to the public, including speaking, writing, printing, displaying notices, broadcasting, screening and playing of tapes or other recorded material;
(b) any conduct (not being a form of communication referred to in paragraph (a)) observable by the public, including actions and gestures and the wearing or display of clothing, signs, flags, emblems and insignia;
(c) the distribution or dissemination of any matter to the public.

46. Offence of serious vilification
(1) A person commits an offence if—
(a) the person, by any activity, incites hatred towards, serious contempt for, or severe ridicule of, another person (the second-mentioned person

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

47. Liability of employers and principals
(1) Anything done by a person in the course of the person’s employment is to be treated for the purposes of this Ordinance as done by that person’s employer as well as by that person, whether or not it was done with the employer’s knowledge or approval.
(2) Anything done by a person (the first-mentioned person

47A. Liability of persons engaging interns and volunteers
(1) This section applies for the purposes of section 24A.
(2) For the avoidance of doubt, this section does not apply for the purposes of any criminal proceedings.
(3) An act done by an intern in the course of an internship is to be treated as an act done—
(a) by the intern; and
(b) by the person who engaged the intern for the internship, whether or not the act was done with the knowledge or approval of that person.
(4) In proceedings brought under this Ordinance against a person in respect of an act alleged to have been done by an intern engaged by the person, it is a defence for the person to prove that the person took reasonably practicable steps to prevent the intern—
(a) from doing that act; or
(b) from doing acts of that description in the course of the internship.
(5) Subsections (6) and (7) apply if a volunteer is engaged by another person to perform volunteer work.
(6) An act done by a volunteer in the course of performing volunteer work is to be treated as an act done—
(a) by the volunteer; and
(b) by the person who engaged the volunteer to perform the work, whether or not the act was done with the knowledge or approval of that person.
(7) In proceedings brought under this Ordinance against a person in respect of an act alleged to have been done by a volunteer engaged by the person, it is a defence for the person to prove that the person took reasonably practicable steps to prevent the volunteer—
(a) from doing that act; or
(b) from doing acts of that description in the course of performing volunteer work.
(Added 8 of 2020 s. 32)