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

19. Discrimination in provision of goods, facilities or services
(1) It is unlawful for any person concerned with the provision (for payment or not) of goods, facilities or services to the public or a section of the public to discriminate against a person who has family status who seeks to obtain or use those goods, facilities or services—
(a) by refusing or deliberately omitting to provide that person with any of them; or (Amended 29 of 2008 s. 105)
(b) by refusing or deliberately omitting to provide that person with goods, facilities or services of the like quality, in the like manner and on the like terms as are normal in his case in relation to members of the public who do not have family status or a particular family status or (where that person belongs to a section of the public) to members of that section who do not have family status or a particular family status.
(2) The following are examples of the facilities and services referred to in subsection (1)—
(a) access to and use of any place which members of the public or a section of the public are permitted to enter;
(b) accommodation in a hotel, guesthouse or other similar establishment;
(c) facilities by way of banking or insurance or for grants, loans, credit or finance;
(d) facilities for education;
(e) facilities for entertainment, recreation or refreshment;
(f) facilities for transport or travel;
(g) the services of any profession or trade;
(h) the services of—
(i)-(ii) (Repealed 78 of 1999 s. 7)(iii) any department of the Government; or
(iv) any undertaking by or of the Government.

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

20. Discrimination in disposal or management of premises
(1) It is unlawful for a person, in relation to premises in Hong Kong of which he has power to dispose, to discriminate against a person who has family status—
(a) in the terms on which he offers that person those premises;
(b) by refusing that person’s application for those premises; or
(c) in his treatment of that person in relation to any list of persons in need of premises of that description.
(2) It is unlawful for a person, in relation to premises managed by him, to discriminate against a person who has family status occupying the premises—
(a) in the way he affords that person access to any benefits or facilities, or by refusing or deliberately omitting to afford him access to them; or
(b) by evicting that person, or subjecting him to any other detriment.
(3) Subsection (1) shall not apply to a person who owns an estate or interest in the premises and wholly occupies them unless he uses the services of an estate agent for the purposes of the disposal of the premises, or publishes or causes to be published an advertisement in connection with the disposal.
(4) In this section in relation to premises, power to dispose (有權處置) includes the power to sell, rent, let, sub-let or otherwise part with possession of those premises.

21. Discrimination: consent for assignment or sub-letting
(1) Where the licence or consent of the landlord or of any other person is required for the disposal to any person of premises in Hong Kong comprised in a tenancy, it is unlawful for the landlord or other person to discriminate against a person who has family status by withholding the licence or consent for disposal of the premises to that person.
(2) Subsection (1) shall not apply if—
(a) the person withholding a licence or consent, or a near relative of his (the relevant occupier

22. Exceptions for small dwellings
(1) Sections 19(1) and 20 shall not apply to the provision by a person of accommodation in any premises, or the disposal of premises by him, if—
(a) that person or a near relative of his (the relevant occupier

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

23. Exceptions for voluntary bodies
(1) This section applies to a body the activities of which are carried on otherwise than for profit.
(2) Sections 19(1) and 20 shall not be construed as rendering unlawful—
(a) the restriction of membership of any body to which this section applies with reference to family status or a particular family status; or
(b) the provision of benefits, facilities or services to members of any body to which this section applies where the membership is so restricted,
even though membership of the body is open to the public, or to a section of the public.
(3) Nothing in section 19 or 20 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.
(4) Subsection (3) 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 constitutes the main object of a body to which this section applies.

24. Further exceptions from sections 19(1) and 20
(1) Sections 19(1) and 20 shall not apply—
(a) to discrimination which is rendered unlawful by Part III or section 18; or
(b) to discrimination which would be so unlawful but for section 8(3) or 15(3).
(2) A person who provides at any place facilities or services restricted with reference to family status or a particular family status, does not contravene section 19(1) if the place is, or is part of a reception centre or other establishment for persons requiring special care, supervision or attention.

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

25. Discrimination in eligibility to vote for and to be elected or appointed to advisory bodies
(1) In this section a reference to a relevant body means a public body, a public authority, a statutory advisory body, or a prescribed body.
(2) In this section, a reference to a relevant position includes membership of a public body, a public authority and a prescribed position.
(3) It is unlawful to discriminate against a person who has family status in—
(a) determining the eligibility of a person to stand for election to a relevant body or relevant position, or to be selected for a relevant position;
(b) the terms or conditions on which a person is considered eligible to stand for election to a relevant body or relevant position, or to be selected for a relevant position;
(c) determining the eligibility of a person to vote in elections of members of a relevant body or the holder of a relevant position, or to take part in the selection of the holder of a relevant position;
(d) the terms or conditions on which a person is considered eligible to vote in elections of members of a relevant body or the holder of a relevant position, or to take part in the selection of the holder of a relevant position;
(e) considering whether a person should be appointed as a member of a relevant body, where some or all of the members of that body are appointed; or
(f) considering whether a person should be appointed to a relevant position, approved as a member of a relevant body or recognized as holding a relevant position.
(4) This section shall have effect, notwithstanding the provisions of any Ordinance which provide that a person who has family status or a particular family status is not eligible to stand for election, or to be selected for, a relevant body or position, or to vote in elections for or to take part in the selection of members of a relevant body or the holder of a relevant position.