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

80. Period within which proceedings to be brought
(1) The District Court shall not consider a claim under section 70 unless proceedings in respect of the claim are instituted within the period of 24 months beginning—
(a) when the act complained of was done; or
(b) if there is a relevant report in relation to that act, with the day on which the report is published or made available for inspection under section 67,
whichever is the later.
(2) The District Court—
(a) shall not consider an application under section 76(2)(a) unless it is made within the period of 24 months beginning when the act to which it relates was done; and
(b) shall not consider an application under section 76(4) unless it is made within the period of 5 years so beginning.
(3) For the purposes of determining the period under subsection (1) within which proceedings may be brought, where an act to which the claim relates was the subject of a complaint lodged under section 78(1), then the period that elapsed between the date when the complaint was lodged and the date when the complaint was disposed of under section 78(3) or (4), as certified in writing by the Commission, shall be disregarded.
(4) Notwithstanding subsections (1) and (2), the District Court may consider any claim or application which is out of time, if, in all the circumstances of the case, it considers that it is just and equitable to do so.
(5) For the purposes of subsection (4), the circumstances of the case include, in relation to any claim—
(a) whether the act to which the claim relates was the subject of a complaint lodged under section 78(1); and
(b) if so, the period that elapsed between when the act was done and when that complaint was so lodged.
(6) For the purposes of this section—
(a) where the inclusion of any term in a contract renders the making of the contract an unlawful act, that act shall be treated as extending throughout the duration of the contract;
(b) any act extending over a period shall be treated as done at the end of that period; and
(c) a deliberate omission shall be treated as done when the person concerned decided upon it.
(7) In the absence of evidence to the contrary, a person shall be taken for the purposes of this section to decide upon an omission, that is deciding upon omitting to do an act (relevant act

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

81. Validity and revision of contracts
(1) A term of a contract is void where—
(a) its inclusion renders the making of the contract unlawful by virtue of this Ordinance;
(b) it is included in furtherance of an act rendered unlawful by this Ordinance; or
(c) it provides for the doing of an act which would be rendered unlawful by this Ordinance.
(2) Subsection (1) does not apply to a term the inclusion of which constitutes, or is in furtherance of, or provides for, unlawful discrimination against a party to the contract, but the term shall be unenforceable against that party.
(3) A term in a contract which purports to exclude or limit any provision of this Ordinance is unenforceable by any person in whose favour the term would operate apart from this subsection.
(4) Subsection (3) does not apply to a contract settling a claim to which section 70 applies.
(5) On the application of any person interested in a contract to which subsection (2) applies, the District Court may make such order as it thinks just for removing or modifying any term made unenforceable by that subsection; but such an order shall not be made unless all persons affected—
(a) have been given notice of the application (except where under rules made under the District Court Ordinance (Cap. 336) notice may be dispensed with); and
(b) have been afforded an opportunity to make representations to the Court.
(6) An order under subsection (5) may include provision as respects any period before making the order.

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

82. Rules
(1) The Commission may make rules—
(a) prescribing the persons, or persons belonging to a class of persons, who may lodge a representative complaint under section 78(1);
(b) prescribing the bodies and positions for the purposes of section 34;
(c) prescribing the matters to be taken into account by the Commission for the purposes of a determination under section 78(4)(d);
(d) to enable the Commission to require such persons, or persons belonging to such class of persons, as are specified in the rules to furnish information to the Commission for the purposes of section 78;
(e) restricting the disclosure of any information referred to in paragraph (d) furnished to the Commission;
(f) to enable the Commission to direct persons to attend any conference held for the purposes of section 78;
(g) regulating the procedure of any conference held for the purposes of section 78;
(h) prescribing any other thing that is required or permitted to be prescribed under this Ordinance.
(2) Any rules made under subsection (1) may—
(a) make different provisions for different circumstances and provide for a particular case or class of cases;
(b) be made so as to apply only in such circumstances as are prescribed by the rules;
(c) specify forms for the purposes of the rules;
(d) be made generally for the better or more effectual carrying out of the provisions of this Ordinance, including incidental, consequential, evidential and supplemental provisions.
(3) Any rules made under this section may prescribe offences in respect of contraventions of the rules, and may provide for the imposition of a fine not exceeding level 4 and of imprisonment for a period not exceeding 2 years.

83. Regulations to empower Commission to bring certain proceedings
(1) The Secretary for Constitutional and Mainland Affairs may make regulations—
(a) where any person may bring proceedings under section 70 but has not done so, empowering the Commission, in such circumstances as are specified in the regulations, to bring and maintain those proceedings as if the Commission were that person;
(b) specifying which of the remedies referred to in section 70(3) shall be obtainable by the Commission in any such proceedings;
(c) for the purposes of enabling the Commission to bring and maintain any such proceedings (including any related purposes), specifying modifications to which any provisions of this Ordinance (including any subsidiary legislation) shall be read.
(2) Any regulations made under this section shall be subject to the approval of the Legislative Council.
(3) This section is without prejudice to the Commission’s power to bring proceedings by way of judicial review, in relation to this Ordinance or any other law, pursuant to its functions under section 59(1).

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

84. Amendment of Schedules
(Amended 8 of 2020 s. 16)(1) The Chief Executive in Council may, by notice published in the Gazette, amend Schedule 1, 2, 3, 4 or 5 but any notice to amend Schedule 2, 3, 4 or 5 shall be subject to the approval of the Legislative Council. (Amended 8 of 2020 s. 16)
(2) The Secretary for Constitutional and Mainland Affairs may, by notice published in the Gazette, amend Schedule 6. (Added 8 of 2020 s. 16)

106. (Omitted as spent—E.R. 5 of 2018)

### West Kowloon Cultural District Authority Ordinance 《西九文化區管理局條例》

1. Short title
This Ordinance may be cited as the West Kowloon Cultural District Authority Ordinance.