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

73. Investigation as to compliance with enforcement notice
(1) If—
(a) the terms of reference of a formal investigation state that its purpose is to determine whether any requirements of an enforcement notice are being or have been carried out, but section 66(2)(b) does not apply; and
(b) section 65(3) is complied with in relation to the investigation on a date (commencement date

74. Register of enforcement notices
(1) The Commission shall establish and maintain a register (the register

75. Persistent discrimination, harassment or vilification
If, during the period of 5 years beginning on the date on which either of the following became final in the case of any person, namely—
(a) an enforcement notice served on the person;
(b) a finding by the District Court that the person has done—
(i) an unlawful discriminatory act;
(ii) an unlawful act of harassment; or
(iii) an act contravening section 45,
it appears to the Commission that unless restrained the person is likely to do one or more acts falling within paragraph (b), or contravening section 41, the Commission may apply to the District Court for an injunction restraining the person from doing so; and the District Court, if satisfied that the application is well-founded, may grant the injunction in the terms applied for or in more limited terms.

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

76. Enforcement of sections 42, 43 and 44
(1) Proceedings in respect of a contravention of section 42, 43 or 44 may be brought only by the Commission and in accordance with this section.
(2) The proceedings must be—
(a) an application for a decision whether the alleged contravention occurred; or
(b) an application under subsection (4),
or both.
(3) An application under subsection (2)(a) must be made to the District Court.
(4) If it appears to the Commission—
(a) that a person has done an act which by virtue of section 42, 43 or 44 was unlawful; and
(b) that unless restrained the person is likely to do further acts which by virtue of that section are unlawful,
the Commission may apply to the District Court for an injunction restraining the person from doing so; and the District Court, if satisfied that the application is well-founded, may grant the injunction in the terms applied for or in more limited terms.
(5) Without prejudice to subsection (4), if it appears to the Commission that a person has done an act which was unlawful by virtue of section 42, the Commission may apply to the District Court for an order imposing a financial penalty on such person; and the District Court, if satisfied that the application is well-founded, may make such an order.
(6) The financial penalty imposed under subsection (5) shall not exceed $10,000 for the first occasion on which a penalty is imposed, and $30,000 for the second and any subsequent occasion on which a penalty is imposed in respect of that person.

77. Help for aggrieved persons in obtaining information, etc.
(1) With a view to helping a person (the person aggrieved

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

78. Assistance by way of conciliation
(1) A person may lodge with the Commission a complaint in writing alleging that another person has done an act which is unlawful by virtue of a provision of this Ordinance.
(2) A representative complaint may be lodged under subsection (1) in accordance with rules made under section 82.
(3) Subject to subsection (4), where a complaint is lodged under subsection (1), the Commission shall—
(a) conduct an investigation into the act the subject of the complaint; and
(b) endeavour, by conciliation, to effect a settlement of the matter to which the act relates.
(4) The Commission may decide not to conduct, or to discontinue, an investigation into an act the subject of a complaint lodged under subsection (1) if—
(a) it is satisfied that the act is not unlawful by reason of a provision of this Ordinance;
(b) it is of the opinion that the person aggrieved by the act does not desire (or, in a case to which subsection (2) applies, none of the persons aggrieved by the act desires) that the investigation be conducted or continued;
(c) a period of more than 12 months has elapsed beginning when the act was done;
(d) in a case to which subsection (2) applies, it determines, in accordance with rules made under section 82, that the complaint should not be a representative complaint; or
(e) it is of the opinion that the complaint is frivolous, vexatious, misconceived or lacking in substance.
(5) Where the Commission decides not to conduct, or to discontinue, an investigation into an act the subject of a complaint lodged under subsection (1), it shall by notice served on the person who lodged the complaint advise the person of—
(a) that decision; and
(b) the reason for that decision.
(6) Evidence of anything said or done by any person in the course of conciliation under this section (including anything said or done at any conference held for the purposes of such conciliation) is not admissible in evidence in any proceedings under this Ordinance except with the consent of that person.
(7) For the avoidance of doubt, it is declared that subsection (6) does not apply where—
(a) a complaint is lodged under subsection (1); and
(b) a settlement has been effected of the matter to which the act the subject of the complaint relates.

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

79. Assistance other than by way of conciliation
(1) Where—
(a) a complaint has been lodged under section 78(1); but
(b) for whatever reason, there has not been a settlement of the matter to which the act the subject of the complaint relates,
then any person who may institute proceedings under this Ordinance in respect of that act may make an application to the Commission for assistance in respect of those proceedings.
(2) The Commission shall consider an application under subsection (1) and may grant it if it thinks fit to do so, in particular where—
(a) the case raises a question of principle; or
(b) it is unreasonable, having regard to the complexity of the case or the applicant’s position in relation to the respondent or another person involved or any other matter, to expect the applicant to deal with the case unaided.
(3) Assistance by the Commission under this section may include—
(a) giving advice;
(b) arranging for the giving of advice or assistance by a solicitor or counsel;
(c) arranging for representation by any person including all such assistance as is usually given by a solicitor or counsel in the steps preliminary or incidental to any proceedings, or in arriving at or giving effect to a compromise to avoid or bring to an end any proceedings;
(d) any other form of assistance which the Commission may consider appropriate,
but paragraph (c) does not affect the law and practice regulating the descriptions of persons who may appear in, conduct, defend and address a court in, any proceedings except to the extent permitted under rules made in accordance with section 73E of the District Court Ordinance (Cap. 336).
(4) In so far as expenses are incurred by the Commission in providing the applicant with assistance under this section the recovery of those expenses (as taxed or assessed in such manner as may be prescribed by relevant rules) constitutes a first charge for the benefit of the Commission—
(a) on any costs or expenses which (whether by virtue of a judgment or order of the District Court or an agreement or otherwise) are payable to the applicant by any other person in respect of the matter in connection with which the assistance is given; and
(b) so far as relates to any costs or expenses, on his or her rights under any compromise or settlement arrived at in connection with that matter to avoid or bring to an end any proceedings.
(5) The charge conferred by subsection (4) is subject to any charge under the Legal Aid Ordinance (Cap. 91) and to any provision in that Ordinance for payment of any sum into the Supplementary Legal Aid Fund established under that Ordinance.
(6) In this section—
relevant rules (有關規則) means any rules made under the District Court Ordinance (Cap. 336);
respondent (答辯人) includes a prospective respondent.