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

50. Power to obtain information
(1) For the purposes of a formal investigation the Commission, by a notice in the prescribed form served on him in the prescribed manner—
(a) may require any person to furnish such written information as may be described in the notice, and may specify the time at which, and the manner and form in which, the information is to be furnished;
(b) may require any person to attend at such time and place as specified in the notice and give oral information about, and produce all documents in his possession or control relating to, any matter specified in the notice.
(2) Except as provided by section 57, a notice shall be served under subsection (1) only where—
(a) service of the notice was authorized in writing by or on behalf of the Chief Secretary for Administration; or (Amended L.N. 362 of 1997)
(b) the terms of reference of the formal investigation state that the Commission believes that a person named in them may have done or may be doing acts of all or any of the following descriptions—
(i) unlawful discriminatory acts;
(ii) contraventions of section 30;
(iii) contraventions of sections 31, 32 or 33,
and confine the investigation to those acts.
(3) A notice under subsection (1) shall not require a person—
(a) to give information, or produce documents, which he could not be compelled to give in evidence, or produce, in civil proceedings before the Court of First Instance; (Amended 25 of 1998 s. 2)
(b) to attend at any place unless the necessary expenses of his journey to and from that place are paid or tendered to him.
(4) If a person fails to comply with a notice served on him under subsection (1) or the Commission has reasonable cause to believe that he intends not to comply with it, the Commission may apply to the District Court for an order requiring him to comply with it 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) shall apply to failure without reasonable excuse comply with any such order as it applies to the cases there provided.
(5) A person commits an offence if he—
(a) wilfully alters, suppresses, conceals or destroys a document which he 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,
and is liable to a fine at level 4.

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

51. 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 between persons irrespective of family status 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, (Amended L.N. 362 of 1997)

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—
(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 thinks fit,

and unless required by the Chief Secretary for Administration the Commission shall not publish the report. (Amended L.N. 362 of 1997)
(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). (Amended L.N. 362 of 1997)
(5) Where under subsection (4) a report is to be made available for inspection, any person shall be entitled, on payment of such reasonable fee, if any, as may be determined by the Commission—
(a) to inspect the report during ordinary office hours and take copies of all or any part of the report; 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) shall be 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, reports may be inspected under subsection (5).

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

53. Restrictions on proceedings for contravention of Ordinance
(1) Except as provided by this Ordinance no proceedings, whether civil or criminal, shall 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) shall not preclude the making of an order of certiorari, mandamus or prohibition.

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

54. Claims under Part III or IV
(1) A claim by any person (the claimant

55. Issue of enforcement notices
(1) This section applies to any act which is—
(a) an unlawful discriminatory act;
(b) a contravention of section 30; or
(c) a contravention of section 31, 32 or 33,

and so applies whether or not 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 him a notice in the prescribed form requiring him—
(a) not to commit any such acts (which may include discontinuing or changing any of his 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 his practices or other arrangements—
(i) to inform the Commission that he has effected those changes and what those changes are;
(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 shall not be later than 5 years after the notice has become final.
(5) Section 50(4) shall apply 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 50(1).

56. Appeal against enforcement notices
(1) Not later than 45 days after an enforcement notice is served on any person he may appeal against any requirement of the notice to the District Court.
(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) shall not apply to a requirement treated as included in an enforcement notice by virtue of a direction under subsection (3).