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

34. Further exceptions from sections 28(1) and 29
(1) A person who provides at any place facilities or services restricted to men does not for that reason contravene section 28(1) if—
(a) the place is, or is part of, a hospital, reception centre or other establishment for persons requiring special care, supervision or attention;
(b) the place is (permanently or for the time being) occupied or used for the purposes of an organized religion, and the facilities or services are restricted to men so as to comply with the doctrines of that religion or to avoid offending the religious susceptibilities common to its followers; or
(c) the facilities or services are provided for, or are likely to be used by, 2 or more persons at the same time, and—
(i) the facilities or services are such, or those persons are such, that male users are likely to suffer serious embarrassment at the presence of a woman; or
(ii) the facilities or services are such that a user is likely to be in a state of undress and a male user might reasonably object to the presence of a female user.
(2) A person who provides facilities or services restricted to men shall not for that reason contravene section 28(1) if the services or facilities are such that physical contact between the user and any other person is likely, and that other person might reasonably object if the user were a woman.
(3) Sections 28(1) and 29 shall not apply—
(a) to discrimination which is rendered unlawful by any provision or Part of this Ordinance specified in column 1 of Schedule 4; or
(b) to discrimination which would be so unlawful but for any provision or Part of this Ordinance specified in column 2 of that Schedule.

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

35. 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, and the positions of Rural Representative or member or office-holder of a Rural Committee within the meaning of the Heung Yee Kuk Ordinance (Cap. 1097). (Amended 5 of 2014 s. 2)
(3) It is unlawful for a person to discriminate against another person 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 of a particular sex or marital 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.
(5) Notwithstanding anything in the Heung Yee Kuk Ordinance (Cap. 1097) or in any other Ordinance, the Secretary for Home and Youth Affairs shall not— (Amended L.N. 144 of 2022)
(a) (Repealed 2 of 2003 s. 68)(b) issue a certificate recognizing a body as a Rural Committee;
(c) approve a person as a Special or Co-opted Councillor,

where that person or body (or any of its members) has been elected or otherwise chosen by a procedure in which women have not been able to participate on equal terms with men, whether as candidates, nominees, electors or in some other relevant capacity.

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

36. Discrimination by, or in relation to, barristers
(1) It is unlawful for a barrister or barrister’s clerk, in relation to any offer of a pupillage or tenancy, to discriminate against a woman—
(a) in the arrangements which are made for the purpose of determining to whom it should be offered;
(b) in respect of any terms on which it is offered; or
(c) by refusing, or deliberately omitting, to offer it to her.
(2) It is unlawful for a barrister or barrister’s clerk, in relation to a woman who is a pupil or tenant in the chambers concerned, to discriminate against her—
(a) in respect of any terms applicable to her as a pupil or tenant;
(b) in the opportunities for training, or gaining experience, which are afforded or denied to her;
(c) in the benefits, facilities or services which are afforded or denied to her; or
(d) by terminating her pupillage or by subjecting her to any pressure to leave the chambers or other detriment.
(3) It is unlawful for any person, in relation to the giving, withholding or acceptance of instructions to a barrister, to discriminate against a woman.
(4) In this section—
barrister’s clerk (大律師書記) includes any person carrying out any of the functions of a barrister’s clerk;
pupil (見習大律師), pupillage (見習職位), tenancy (租賃) and tenant (承租人) have the meanings commonly associated with their use in the context of a set of barristers’ chambers.

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

37. Discrimination by clubs
(1) It is unlawful for a club, the committee of management of a club or a member of the committee of management of a club to discriminate against a woman who is not a member of the club—
(a) by refusing or failing to accept her application for membership; or
(b) in the terms or conditions on which the club is prepared to admit her to membership.
(2) It is unlawful for a club, the committee of management of a club or a member of the committee of management of a club to discriminate against a woman who is a member of the club—
(a) in the terms or conditions of membership that are afforded to her;
(b) by refusing or failing to accept her application for a particular class or type of membership;
(c) by denying her access, or limiting her access, to any benefit, service or facility provided by the club;
(d) by depriving her of membership or varying the terms of membership; or
(e) by subjecting her to any other detriment.
(3) Nothing in subsection (1)(b) or (2) renders it unlawful to discriminate against a woman if the discrimination occurs in relation to the use or enjoyment of any benefit provided by the club where—
(a) it is not practicable for the benefit to be used or enjoyed—
(i) simultaneously; or
(ii) to the same extent,

by both men and women; and
(b) either—
(i) the same, or an equivalent, benefit is provided for the use of men and women separately from each other; or
(ii) men and women are each entitled to a fair and reasonable proportion of use and enjoyment of the benefit.

38. Government
(1) Subject to subsection (2), without prejudice to the operation of the other provisions of this Part in relation to the Government, it is unlawful for the Government to discriminate against a woman in the performance of its functions or the exercise of its powers.
(2) Subsection (1) shall not render unlawful—
(a) as regards a woman not having the right to enter and remain in Hong Kong, any act done under any immigration legislation governing entry into, stay in and departure from Hong Kong; or
(b) any act done in relation to a woman if it was necessary for that act to be done in order to comply with a requirement of an existing statutory provision.