### Race Discrimination Ordinance 《種族歧視條例》

31. Exceptions for voluntary bodies
(1) Sections 27(1) and 28 are not to be construed as rendering unlawful—
(a) the restriction of membership of any voluntary body to persons of a particular racial group (disregarding any minor exceptions); or
(b) the provision of benefits, facilities or services to members of any voluntary body where the membership is so restricted,
even though membership of the body is open to the public, or to a section of the public.
(2) Nothing in section 27(1) or 28—
(a) is to be construed as affecting a specified provision; or
(b) renders unlawful an act which is done in order to give effect to a specified provision.
(3) In this section—
specified provision (指明規定) means a provision for conferring benefits on persons of a particular racial group (disregarding any benefits to persons of another racial group which are exceptional or are relatively insignificant), being a provision which constitutes the main object of a voluntary body;
voluntary body (志願團體) means a body the activities of which are carried on otherwise than for profit.

32. Exceptions for cemeteries
Nothing in section 27(1), 28 or 29(1) renders unlawful—
(a) any act to set aside or allocate a cemetery, crematorium or columbarium (in whole or in part) for the reception of human remains of persons belonging to any particular community, race or religion;
(b) any act to provide goods, facilities or services in a cemetery, crematorium or columbarium, or part of it, that is so set aside or allocated; or
(c) any act done in connection with an act referred to in paragraph (a) or (b).

33. Further exceptions
(1) Section 27(1) does not apply to anything done by a person as a participant in arrangements under which he or she (for reward or not) takes into his or her home, and treats as if they were members of his or her family, any children, elderly persons or persons requiring a special degree of care and attention.
(2) Sections 27(1) and 28 do not apply—
(a) to discrimination which is rendered unlawful by any provision or Part of this Ordinance specified in column 2 of Schedule 4; or
(b) to discrimination which would be so unlawful but for any provision or Part of this Ordinance specified in column 3 of that Schedule.

### Race Discrimination Ordinance 《種族歧視條例》

34. Discrimination in eligibility to stand for election, etc.
(1) 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;
(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.
(2) In this section—
(a) a reference to a relevant body means a public body, a public authority, a statutory advisory body, or a prescribed body;
(b) a reference to a relevant position includes membership of a public body, a public authority, and a prescribed position.

### Race Discrimination Ordinance 《種族歧視條例》

35. 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 a tenancy, to discriminate against a person—
(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 that person.
(2) It is unlawful for a barrister or barrister’s clerk, in relation to a person who is a pupil or a tenant in the chambers concerned, to discriminate against that person—
(a) in respect of any terms applicable to that person as a pupil or a 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 by subjecting him or 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 person.
(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 barrister’s chambers.

36. 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 is not a member of the club—
(a) by refusing or failing to accept the person’s application for membership; or
(b) in the terms or conditions on which the club is prepared to admit the 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 is a member of the club—
(a) by refusing or failing to accept the person’s application for a particular class or type of membership;
(b) in the terms or conditions of membership that is afforded to the person;
(c) by denying the person access, or limiting his or her access, to any benefits, services or facilities provided by the club;
(d) by depriving the person of membership or varying the terms of membership; or
(e) by subjecting the person to any other detriment.