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

44. Functions and powers of Commission
(1) The Commission shall—
(a) work towards the elimination of discrimination;
(b) promote equality of opportunity between persons irrespective of family status;
(c) in the case of any act alleged to be unlawful by virtue of this Ordinance, encourage persons who are concerned with the matter to which the act relates to effect a settlement of the matter by conciliation, whether under section 62 or otherwise;
(d) keep under review the working of this Ordinance and, when it is so required by the Chief Executive or otherwise thinks it necessary, draw up and submit to the Chief Executive proposals for amending this Ordinance; and (Amended 66 of 1999 s. 3)
(e) perform such other functions as are imposed on it under this Ordinance or any other enactment.
(2) The Commission may do all such things as are necessary for, or incidental or conducive to, the better performance of its functions and in particular but without prejudice to the generality of the foregoing, may—
(a) with the prior approval of the Chief Executive, become a member of or affiliate to any international body concerned with (whether in whole or in part) the elimination of discrimination; (Amended 66 of 1999 s. 3)
(b) exercise such other powers as are conferred on it under this Ordinance.

45. Review of Schedule 2
(1) Without prejudice to the generality of section 44(1), the Commission, pursuant to its functions under paragraphs (a) and (b) of that section, shall keep Schedule 2 under review.
(2) Whenever the Commission thinks it necessary, it shall draw up and submit to the Chief Executive proposals for amending Schedule 2. (Amended 66 of 1999 s. 3)

46. Delegations
The Commission shall not under section 67 of the relevant Ordinance delegate any of its functions or powers under—
(a) section 66;
(b) any provisions of any regulations made under section 67 which are specified in the regulations as provisions which shall not be subject to section 67 of the relevant Ordinance;
(c) any provisions of any rules made under section 66 which are specified in the rules as provisions which shall not be subject to section 67 of the relevant Ordinance.

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

46A. Protection of members of Commission etc.
(1) No person to whom this subsection applies, acting in good faith, is personally liable in damages for any act done or default made in the performance or purported performance of any function, or the exercise or purported exercise of any power, imposed or conferred on the Commission under this Ordinance.
(2) The protection conferred by subsection (1) on any person to whom that subsection applies in respect of any act or default does not in any way affect the liability of the Commission for that act or default.
(3) Subsection (1) applies to the following persons—
(a) a member of the Commission or a committee;
(b) an employee of the Commission;
(c) a conciliator.
(Added 18 of 2014 s. 37)

47. Codes of practice
(1) The Commission may issue codes of practice containing such practical guidance as it thinks fit for the purposes of—
(a) the elimination of discrimination;
(b) the promotion of equality of opportunity between persons irrespective of family status.
(2) The provisions of section 69(2) to (15) of the relevant Ordinance apply to and in relation to a code of practice proposed to be issued or issued under subsection (1) subject to the modifications described in subsection (3).
(3) The modifications referred to in subsection (2) are as follows—
(a) any references to discrimination in the provisions referred to in subsection (2) shall be construed as references to discrimination under this Ordinance;
(b) any reference to discrimination between men and women in those provisions shall be construed as a reference to discrimination under this Ordinance;
(c) the references in those provisions to a code of practice shall be construed as references to a code of practice prepared, published or issued under this section, as the case may require; and
(d) any reference in those provisions to another provision of section 69 of the relevant Ordinance shall be construed as a reference to the corresponding provision of this section incorporated by virtue of subsection (2).

48. Power to conduct formal investigations
Without prejudice to the generality of section 44(1), the Commission may if it thinks fit, and shall if required by the Chief Secretary for Administration, conduct a formal investigation for any purpose connected with the carrying out of any of its functions under that section.
(Amended L.N. 362 of 1997)

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

49. Terms of reference
(1) The Commission shall not embark on a formal investigation unless the requirements of this section have been complied with.
(2) Terms of reference for the formal investigation shall be drawn up by the Commission, or if the Commission was required by the Chief Secretary for Administration to conduct the investigation, by the Chief Secretary for Administration after consulting the Commission. (Amended L.N. 362 of 1997)
(3) It shall be the duty of the Commission to give general notice of the holding of the formal investigation unless the terms of reference confine it to activities of persons named in them, but in such a case the Commission shall in the prescribed manner give those persons notice of the holding of the investigation.
(4) Where the terms of reference of the formal investigation confine it to activities of persons named in them and the Commission in the course of it proposes to investigate any act made unlawful by this Ordinance which it believes that a person so named may have done, the Commission shall—
(a) inform that person of its belief and of its proposal to investigate the act; and
(b) offer him an opportunity of making oral or written representations with regard to it (or both oral and written representations if he thinks fit),

and a person so named who avails himself of an opportunity under this subsection of making oral representations may be represented—
(i) by counsel or a solicitor; or
(ii) by some other person of his choice, not being a person to whom the Commission objects on the ground that he is unsuitable.
(5) The Commission or, if the Commission was required by the Chief Secretary for Administration to conduct the formal investigation, the Chief Secretary for Administration after consulting the Commission may from time to time revise the terms of reference; and subsections (1), (3) and (4) shall apply to the revised investigation and terms of reference as they applied to the original. (Amended L.N. 362 of 1997)