### Disability Discrimination Ordinance 《殘疾歧視條例》

59. Construction of references to vocational training
In sections 57 and 58, vocational training (職業訓練) includes—
(a) retraining; and
(b) vocational guidance.

60. Further exceptions
(1) No provision or Part of this Ordinance specified in column 1 of Schedule 5 shall render unlawful any discrimination specified opposite thereto in column 2 of that Schedule.
(2) Nothing in Part 3, 4 or 5 shall render unlawful any act done by any person —
(a) in connection with any discrimination which is not unlawful by virtue of the operation of subsection (1); and
(b) to the extent that it is done for the purposes of that discrimination.
(Amended E.R. 1 of 2013)

61. Infectious diseases
(1) Subject to subsection (2), nothing in this Ordinance shall apply to a person who discriminates against another person with a disability if—
(a) that person’s disability is an infectious disease; and
(b) the discriminatory act is reasonably necessary to protect public health.
(2) For the avoidance of doubt, it is hereby declared that subsection (1) has no application to a person who is HIV-positive or has acquired immune deficiency syndrome (commonly known as “AIDS”) merely because of the fact that the person has such a condition.
(3) In this section, infectious disease (傳染病) includes—
(a) any scheduled infectious disease, or a disease caused by a scheduled infectious agent, within the meaning of the Prevention and Control of Disease Ordinance (Cap. 599); and (Replaced 14 of 2008 s. 18)
(b) any communicable disease specified by the Director of Health by notice in the Gazette.

### Disability Discrimination Ordinance 《殘疾歧視條例》

62. Functions and powers of Commission
(1) The Commission shall—
(a) work towards the elimination of discrimination;
(b) promote equality of opportunity between persons with a disability and persons without a disability;
(c) work towards the elimination of harassment and vilification;
(d) 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 80 or otherwise;
(e) 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)
(f) 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.

63. Review of Schedules 2, 3 and 5
(1) Without prejudice to the generality of section 62(1), the Commission, pursuant to its functions under paragraphs (a) and (b) of that section, shall keep Schedules 2, 3 and 5 under review.
(2) Whenever the Commission thinks it necessary, it shall draw up and submit to the Chief Executive proposals for— (Amended 66 of 1999 s. 3)
(a) amending Schedules 2 and 5;
(b) amending the provisions specified in Schedule 3.

64. Delegations
The Commission shall not under section 67 of the relevant Ordinance delegate any of its functions or powers under—
(a) section 85;
(b) any provisions of any regulations made under section 86 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 85 which are specified in the rules as provisions which shall not be subject to section 67 of the relevant Ordinance. 
(Amended 80 of 1997 s. 102)

### Disability Discrimination Ordinance 《殘疾歧視條例》

64A. 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. 32)

### Disability Discrimination Ordinance 《殘疾歧視條例》

66. Power to conduct formal investigations
Without prejudice to the generality of section 62(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)

67. 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)