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

40. Extent of Part 4
(1) Section 26(1)—
(a) shall not apply to goods, services or facilities 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 26(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 26(1) applies on and 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;
(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 24 shall not apply to benefits, services or facilities outside Hong Kong except—
(a) travel on a ship registered in Hong Kong;
(b) benefits, services or facilities provided on a ship so registered.
(6) Section 38(1) and (1A) does not apply to an act of harassment that is committed outside Hong Kong except as provided in subsection (7). (Added 8 of 2020 s. 37)
(7) Section 38(1) and (1A) applies to an act of harassment that is committed on a ship, aircraft or dynamically supported craft referred to in subsection (3)(a), (b) or (c) even if it is outside Hong Kong when the act is committed. (Added 8 of 2020 s. 37)
(Amended E.R. 1 of 2013)

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

41. 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 3 or 4 as read with section 6(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 persons with a disability.
(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 73, 74, 75, 76 and 77.
(Amended E.R. 1 of 2013)

42. Requests for information
(1) If, because of another provision of Part 3 or 4, it would be unlawful, in particular circumstances, for a person to discriminate against another person, in doing a particular act, it is unlawful for the first-mentioned person to request or require that other person to provide, in connection with or for the purposes of the doing of the act, information (whether by completing a form or otherwise) that persons who do not have a disability would not, in circumstances that are the same or are not materially different, be requested or required to provide.
(2) Subject to subsection (3), if, because of section 11(1), it would be unlawful, in particular circumstances, for a person to discriminate against another person, in doing a particular act, it is unlawful for the first-mentioned person to request or require that other person to provide information of a medical nature (whether by completing a form or otherwise) in connection with or for the purposes of the doing of the act.
(3) Nothing in subsection (2) shall render it unlawful for a person to request or require another person to provide information of a medical nature that is necessary to determine if that other person would be unable to carry out the inherent requirements of the job or would require services or facilities that are not required by persons without a disability.
(Amended E.R. 1 of 2013)

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

43. 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 3 or 4.
(2) Subsection (1) shall not apply to an advertisement if the intended act would not in fact be unlawful.
(3) 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.
(4) A person who knowingly or recklessly makes a statement of the kind referred to in subsection (3) which in a material respect is false or misleading commits an offence and is liable on conviction to a fine at level 4.
(Amended E.R. 1 of 2013)

44. Instructions 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 3 or 4, or procure or attempt to procure the doing by him of any such act.
(Amended E.R. 1 of 2013)

45. Pressure to discriminate
(1) It is unlawful to induce, or attempt to induce, a person to do any act which contravenes Part 3 or 4 by—
(a) providing or offering to provide him with any benefit, service or facility; or
(b) subjecting or threatening to subject him 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.
(Amended E.R. 1 of 2013)

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

46. Vilification
(1) It is unlawful for a person, by any activity in public, to incite hatred towards, serious contempt for, or severe ridicule of, another person with a disability or members of a class of persons with a disability.
(1A) For the purposes of subsection (1), it is immaterial whether a person is actually incited, by an activity, to—
(a) hatred towards;
(b) serious contempt for; or
(c) severe ridicule of,

another person with a disability or members of a class of persons with a disability. (Added 29 of 2008 s. 99)
(2) Nothing in this section renders unlawful—
(a) a fair report of an activity in public;
(b) an activity in public that—
(i) is a communication or the distribution or dissemination of any matter; and
(ii) consists of a publication which is subject to a defence of absolute privilege in proceedings for defamation; or (Replaced 29 of 2008 s. 99)
(c) an activity in public done reasonably and in good faith, for academic, artistic, scientific or research purposes in the public interest, including discussions about and expositions of any matter.
(3) In this section and section 47, activity in public (公開活動) includes—
(a) any form of communication to the public, including speaking, writing, printing, displaying notices, broadcasting, screening and playing of tapes or other recorded material;
(b) any conduct (not being a form of communication referred to in paragraph (a)) observable by the public, including actions and gestures and the wearing or display of clothing, signs, flags, emblems and insignia;
(c) the distribution or dissemination of any matter to the public.