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

15. Partnerships
(1) It is unlawful for a firm consisting of not less than 6 partners, in relation to a position as partner in the firm, to discriminate against a person with a disability—
(a) in the arrangements the firm makes for the purpose of determining who should be offered that position;
(b) in the terms on which the firm offers him that position;
(c) by refusing or deliberately omitting to offer him that position; or
(d) in a case where he already holds that position—
(i) in the way the firm affords him access to any benefits, services or facilities, or by refusing or deliberately omitting to afford him access to them; or
(ii) by expelling him from that position or subjecting him to any other detriment.
(2) Subsection (1) shall apply in relation to persons proposing to form themselves into a partnership as it applies in relation to a firm.
(3) Subsection (1)(a) and (c) shall not apply to a position as partner where, if it were employment, being a person without a disability would be a genuine occupational qualification for the job.
(4) Subsection (1)(a), (c) and (d)(ii) shall not apply to a person who discriminates against another person with a disability, if taking into account—
(a) that other person’s past training, qualifications and experience relevant to the proposed firm or firm, as the case may be;
(b) where that other person is already a partner, that other person’s performance as a partner; and
(c) all other relevant factors that it is reasonable to so take into account,

that other person because of that other person’s disability—
(i) would be unable to carry out the inherent requirements of a partner in the proposed firm or firm, as the case may be; or
(ii) would, in order to carry out those inherent requirements, require services or facilities that are not required by partners without a disability and the provision of which would impose an unjustifiable hardship on the proposed firm or firm, as the case may be.
(5) In the case of a limited partnership references in subsection (1) to a partner shall be construed as references to a general partner within the meaning of section 2 of the Limited Partnerships Ordinance (Cap. 37).
(6) The Chief Executive in Council may, by notice in the Gazette, amend subsection (1) by— (Amended 66 of 1999 s. 3)
(a) substituting another number for the number appearing in that subsection; or
(b) repealing the words and number appearing after “for a firm” and before “, in relation to”.

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

16. Trade unions, etc.
(1) This section applies to an organization of workers, an organization of employers, or any other organization whose members carry on a particular profession or trade for the purposes of which the organization exists.
(2) It is unlawful for an organization to which this section applies, in the case of a person with a disability who is not a member of the organization, to discriminate against him—
(a) in the terms on which it is prepared to admit him to membership; or
(b) by refusing or deliberately omitting to accept his application for membership.
(3) It is unlawful for an organization to which this section applies, in the case of a person with a disability who is a member of the organization, to discriminate against him—
(a) in the way it affords him access to any benefits, services or facilities, or by refusing or deliberately omitting to afford him access to them;
(b) by depriving him of membership, or varying the terms on which he is a member; or
(c) by subjecting him to any other detriment.

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

17. Qualifying bodies
(1) It is unlawful for an authority or body which can confer an authorization or qualification which is needed for, or facilitates, engagement in a particular profession or trade to discriminate against a person with a disability—
(a) in the terms on which it is prepared to confer on him that authorization or qualification;
(b) by refusing or deliberately omitting to grant his application for it; or
(c) by withdrawing it from him or varying the terms on which he holds it.
(2) Where an authority or body is required by law to satisfy itself as to his good character before conferring on a person an authorization or qualification which is needed for, or facilitates, his engagement in any profession or trade then, without prejudice to any other duty to which it is subject, that requirement shall be taken to impose on the authority or body a duty to have regard to any evidence tending to show that he, or any of his employees or agents (whether past or present), has—
(a) practised unlawful discrimination;
(b) engaged in unlawful harassment; or
(c) engaged in acts which contravene section 46 or 47,

in, or in connection with, the carrying on of any profession or trade.
(3) Subsection (1) shall not apply to an authority or body which discriminates against a person on the ground of the person’s disability, if taking into account—
(a) that person’s past training, qualifications and experience relevant to the particular profession, trade or occupation;
(b) where that person is already a member of the profession, carrying on the trade or engaged in the occupation, that person’s performance in the profession, trade or occupation; and
(c) all other relevant factors that it is reasonable to so take into the account,

that person because of that person’s disability, would be unable to carry out the inherent requirements of the profession, trade or occupation.
(4) Subsection (1) shall not apply to discrimination which is rendered unlawful by section 24.
(5) In this section—
authorization or qualification (授權或資格) includes recognition, licensing, registration, enrolment, approval and certification;
confer (授予) includes renew or extend.

18. Persons concerned with provision of vocational training
(1) It is unlawful, in the case of a person with a disability seeking or undergoing training which would help fit him for any employment, for any person (the trainer

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

19. Employment agencies
(1) It is unlawful for an employment agency to discriminate against a person with a disability—
(a) in the terms on which the agency offers to provide any of its services;
(b) by refusing or deliberately omitting to provide any of its services; or
(c) in the way it provides any of its services.
(2) References in subsection (1) to the services of an employment agency include guidance on careers and any other services related to employment.
(3) Subsection (1) shall not apply if the discrimination only concerns employment which the employer could lawfully refuse to offer the person with a disability concerned.
(4) Subsection (1) shall not apply to an employment agency which discriminates against a person with a disability, if taking into account—
(a) that person’s past training, qualifications and experience relevant to the work sought; and
(b) all other relevant factors that it is reasonable to take into account,

that person because of that person’s disability, would be unable to carry out the inherent requirements of the employment sought.
(5) An employment agency shall not be subject to any liability under this section if it proves—
(a) that it acted in reliance on a statement made to it by the employer to the effect that, by reason of the operation of subsection (3), its action would not be unlawful; and
(b) that it was reasonable for it to rely on the statement.
(6) A person who knowingly or recklessly makes a statement of the kind referred to in subsection (5)(a) which in a material respect is false or misleading commits an offence and is liable on conviction to a fine at level 4.

20. Discrimination against commission agents
(1) This section applies to any work for a person (the principal

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