### Sex Discrimination Ordinance 《性別歧視條例》

51. Insurance, etc.
Nothing in Part 3, 4 or 5 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.
(Amended E.R. 1 of 2013)

52. Communal accommodation
(1) In this section communal accommodation (共用住宿地方) means residential accommodation which includes dormitories or other shared sleeping accommodation which for reasons of privacy or decency should be used by men only, or by women only (but which may include some shared sleeping accommodation for men, and some for women, or some ordinary sleeping accommodation).
(2) In this section communal accommodation (共用住宿地方) also includes residential accommodation all or part of which should be used by men only, or by women only, because of the nature of the sanitary facilities serving the accommodation.
(3) Nothing in Part 3 or 4 shall render unlawful sex discrimination in the admission of persons to communal accommodation if the accommodation is managed in a way which, given the exigencies of the situation, comes as near as may be to fair and equitable treatment of men and women.
(4) In applying subsection (3) account shall be taken of—
(a) whether and how far it is reasonable to expect that the accommodation should be altered or extended, or that further alternative accommodation should be provided; and
(b) the frequency of the demand or need for use of the accommodation by men as compared with women.
(5) Nothing in Part 3 or 4 shall render unlawful sex discrimination against a woman, or against a man, in respect of the provision of any benefit, facility or service if—
(a) the benefit, facility or service cannot properly and effectively be provided except for those using communal accommodation; and
(b) in the relevant circumstances the woman or the man, as the case may be, could lawfully be refused the use of the accommodation by virtue of subsection (3).
(6) Neither subsection (3) nor subsection (5) is a defence to an act of sex discrimination under Part 3 unless such arrangements as are reasonably practicable are made to compensate for the detriment caused by the discrimination; but in considering under subsection (5)(b) whether the use of communal accommodation could lawfully be refused (in a case based on Part 3), it shall be assumed that the requirements of this subsection have been complied with in respect of subsection (3).
(7) This section is without prejudice to the generality of section 34(1)(c).
(Amended E.R. 1 of 2013)

### Sex Discrimination Ordinance 《性別歧視條例》

53. Discriminatory training by certain bodies
(1) Nothing in Part 3, 4 or 5 shall render unlawful any act done in relation to particular work by any person in, or in connection with—
(a) affording women only, or men only, access to facilities for training which would help to fit them for that work; or
(b) encouraging women only, or men only, to take advantage of opportunities for doing that work,

where it reasonably appears to that person that at any time within the 12 months immediately preceding the doing of the act there were no persons of the sex concerned doing that work in Hong Kong, or the number of persons of that sex doing the work in Hong Kong was comparatively small.
(2) Nothing in Part 3, 4 or 5 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.
(3) For the avoidance of doubt, it is hereby declared that the discrimination in relation to which subsection (2) 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.
(4) This section shall not apply in relation to any discrimination which is rendered unlawful by section 11.
(Amended E.R. 1 of 2013)

### Sex Discrimination Ordinance 《性別歧視條例》

54. Other discriminatory training, etc.
(1) Nothing in Part 3, 4 or 5 shall render unlawful any act done by an employer in relation to particular work in his employment, being an act done in, or in connection with—
(a) affording his female employees only, or his male employees only, access to facilities for training which would help to fit them for that work; or
(b) encouraging women only, or men only, to take advantage of opportunities for doing that work,

where at any time within the 12 months immediately preceding the doing of the act there were no persons of the sex concerned among those doing that work or the number of persons of that sex doing the work was comparatively small.
(2) Nothing in section 16 shall render unlawful any act done by an organization to which that section applies in, or in connection with—
(a) affording female members of the organization only, or male members of the organization only, access to facilities for training which would help to fit them for holding a post of any kind in the organization; or
(b) encouraging female members only, or male members only, to take advantage of opportunities for holding such posts in the organization,

where at any time within the 12 months immediately preceding the doing of the act there were no persons of the sex concerned among persons holding such posts in the organization or the number of persons of that sex holding such posts was comparatively small.
(3) Nothing in Part 3, 4 or 5 shall render unlawful any act done by an organization to which section 16 applies in, or in connection with, encouraging women only, or men only, to become members of the organization where at any time within the 12 months immediately preceding the doing of the act there were no persons of the sex concerned among those members or the number of persons of that sex among the members was comparatively small.
(Amended E.R. 1 of 2013)

### Sex Discrimination Ordinance 《性別歧視條例》

55. Trade unions, etc.: elective bodies
(1) If an organization to which section 16 applies comprises a body the membership of which is wholly or mainly elected, nothing in that section shall render unlawful provision which ensures that a minimum number of persons of one sex are members of the body—
(a) by reserving seats on the body for persons of that sex; or
(b) by making extra seats on the body available (by election or co-option or otherwise) for persons of that sex on occasions when the number of persons of that sex in the other seats is below the minimum,

where in the opinion of the organization the provision is in the circumstances needed to secure a reasonable lower limit to the number of members of that sex serving on the body; and nothing in Part 3, 4 or 5 shall render unlawful any act done in order to give effect to such a provision.
(2) This section shall not be taken as making lawful—
(a) discrimination in the arrangements for determining the persons entitled to vote in an election of members of the body, or otherwise to choose the persons to serve on the body; or
(b) discrimination in any arrangements concerning membership of the organization itself.
(Amended E.R. 1 of 2013)

56. 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

56A. Double benefits for married persons
(1) For avoidance of doubt, it is hereby declared that nothing in Part 3, 4 or 5 renders it unlawful for a person to refuse or omit to provide a benefit or allowance relating to housing, education, air-conditioning, passage or baggage to a married person if the married person’s spouse receives or has received the same or a similar benefit or allowance, whether from the first-mentioned person or from another.
(2) In this section—
allowance (津貼) includes part of an allowance;
benefit (福利) includes part of a benefit.
(Added 71 of 1997 s. 5. Amended E.R. 1 of 2013)