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

26. 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 person who has family status—
(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 the person.
(2) It is unlawful for a barrister or barrister’s clerk to discriminate against a person who has family status who is a pupil or a tenant in the chambers concerned—
(a) in respect of any terms applicable to that person as a pupil or tenant;
(b) in the opportunities for training, or gaining experience, which are afforded or denied to that person;
(c) in the benefits, facilities or services which are afforded or denied to that person; or
(d) by terminating that person’s pupillage or subjecting him 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 person who has family status.
(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.

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

27. 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 person who has family status and who is not a member of the club—
(a) by refusing or failing to accept that person’s application for membership; or
(b) in the terms or conditions on which the club is prepared to admit that person 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 person who has family status and who is a member of the club—
(a) in the terms or conditions of membership that are afforded to that person;
(b) by refusing or failing to accept that person’s application for a particular class of membership;
(c) by denying that person access or limiting his access, to any benefit, service or facility provided by the club;
(d) by depriving that person of membership or varying the terms of membership; or
(e) by subjecting that person to any other detriment.
(3) Nothing in subsection (1) or (2) renders it unlawful to discriminate against a person who has family status if the discrimination occurs in relation to the use or enjoyment of any benefit provided by the club where it is not practicable for the benefit to be used or enjoyed simultaneously or to the same extent by persons—
(a) who do not have family status and those who have family status; or
(b) who have a particular family status and those who do not have that family status.

28. 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 person who has family status in the performance of its functions or the exercise of its powers.
(2) Subsection (1) shall not render unlawful—
(a) as regards a person 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 person if it was necessary for that act to be done in order to comply with a requirement of an existing statutory provision.

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

29. Extent of Part IV
(1) Section 19(1)—
(a) shall not apply to goods, facilities or services outside Hong Kong except as provided in subsections (2) and (3); and
(b) shall not apply to facilities by way of banking or insurance or for grants, loans, credit or finance, where the facilities are for a purpose to be carried out, or in connection with risks wholly or mainly arising, outside Hong Kong.
(2) Section 19(1) applies to the provision of facilities for travel outside Hong Kong where the refusal or omission occurs in Hong Kong or on a ship, aircraft or dynamically supported craft referred to in subsection (3).
(3) Section 19(1) applies on or in relation to—
(a) any ship registered in Hong Kong;
(b) any aircraft or dynamically supported craft registered in Hong Kong and operated by a person who has his principal place of business, or is ordinarily resident, in Hong Kong; or
(c) any ship, aircraft or dynamically supported craft belonging to or possessed by the Government,
even if the ship, aircraft or dynamically supported craft is outside Hong Kong.
(4) This section shall not render unlawful an act done in or over a place outside Hong Kong, or in or over that place’s territorial waters, if any, for the purpose of complying with the laws of that place.
(5) Section 18 shall not apply to benefits, facilities or services outside Hong Kong except—
(a) travel on a ship registered in Hong Kong;
(b) benefits, facilities or services provided on a ship so registered.

30. Discriminatory practices
(1) In this section discriminatory practice (歧視性的做法) means the application of a requirement or condition which results in an act of discrimination which is unlawful by virtue of any provision of Part III or IV as read with section 5(b) or which would be likely to result in such an act of discrimination if the persons to whom it is applied were not all of a particular family status.
(2) A person acts in contravention of this section if and so long as—
(a) he applies a discriminatory practice; or
(b) he operates practices or other arrangements which in any circumstances would call for the application by him of a discriminatory practice.
(3) Proceedings in respect of a contravention of this section shall be brought only by the Commission in accordance with the provisions of sections 55, 56, 57, 58 and 59.

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

31. Discriminatory advertisements
(1) It is unlawful to publish or cause to be published an advertisement which indicates, or might reasonably be understood as indicating, an intention by a person to do any act which is or might be unlawful by virtue of Part III or IV.
(2) Subsection (1) shall not apply to an advertisement if the intended act would not in fact be unlawful.
(3) For the purposes of subsection (1), use of a job description which is specific to a particular family status or the absence of family status shall be taken to indicate an intention to discriminate, unless the advertisement contains an indication to the contrary.
(4) The publisher of an advertisement made unlawful by subsection (1) shall not be subject to any liability under that subsection in respect of the publication of the advertisement if he proves—
(a) that the advertisement was published in reliance on a statement made to him by the person who caused it to be published to the effect that, by reason of the operation of subsection (2), the publication would not be unlawful; and
(b) that it was reasonable for him to rely on the statement.
(5) A person who knowingly or recklessly makes a statement of the kind referred to in subsection (4) which in a material respect is false or misleading commits an offence and is liable on conviction to a fine at level 4.

32. Instruction to discriminate
It is unlawful for a person—
(a) who has authority over another person; or
(b) in accordance with whose wishes that other person is accustomed to act,
to instruct him to do any act which is unlawful by virtue of Part III or IV, or procure or attempt to procure the doing by him of any such act.

33. Pressure to discriminate
(1) It is unlawful to induce, or attempt to induce, a person to do any act which contravenes Part III or IV by—
(a) providing or offering to provide that person with any benefit; or
(b) subjecting or threatening to subject that person to any detriment.
(2) An offer or threat is not prevented from falling within subsection (1) because it is not made directly to the person concerned, if it is made in such a way that he is likely to hear of it.