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

81. Assistance other than by way of conciliation
(1) Where a complaint has been lodged under section 80(1) but, 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) shall 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 73C 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) shall constitute 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 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) shall be 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.

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

83. Validity and revision of contracts
(1) A term of a contract is void where—
(a) its inclusion renders the making of the contract unlawful by virtue of this Ordinance;
(b) it is included in furtherance of an act rendered unlawful by this Ordinance; or
(c) it provides for the doing of an act which would be rendered unlawful by this Ordinance.
(2) Subsection (1) shall not apply to a term the inclusion of which constitutes, or is in furtherance of, or provides for, unlawful discrimination against a party to the contract, but the term shall be unenforceable against that party.
(3) A term in a contract which purports to exclude or limit any provision of this Ordinance is unenforceable by any person in whose favour the term would operate apart from this subsection.
(4) Subsection (3) shall not apply to a contract settling a claim to which section 72 applies.
(5) On the application of any person interested in a contract to which subsection (2) applies, the District Court may make such order as it thinks just for removing or modifying any term made unenforceable by that subsection; but such an order shall not be made unless all persons affected have been given notice of the application (except where under rules made under the District Court Ordinance (Cap. 336) notice may be dispensed with) and have been afforded an opportunity to make representations to the Court.
(6) An order under subsection (5) may include provision as respects any period before the making of the order.

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

84. Building approvals
(1) Notwithstanding any provision in any other Ordinance (whether enacted before or after the commencement of this Ordinance) but subject to subsection (3), a public authority which has the power to approve building works shall not, in respect of those works, approve building plans, whether for a new building or for the alterations or additions to an existing building unless the person seeking approval satisfies the public authority that such access as is reasonable in the circumstances to the building or premises will be provided for persons with a disability.
(2) In considering whether reasonable access will be provided under subsection (1), the public authority may take into account—
(a) whether it is practicable to provide such access within the curtilage of the building, bearing in mind the physical location and immediate environs of the building; and
(b) whether providing such access would impose unjustifiable hardship on the person seeking approval or on any other person.
(3) Subsection (1) has no application to—
(a) buildings of 13 m or less in height above ground level which are used, or intended to be used, for occupation by a single family; or
(b) temporary buildings or contractor’s sheds referred to in Part VII of the Building (Planning) Regulations (Cap. 123 sub. leg. F).
(4) In this section, public authority (公共主管當局) includes—
(a) the Director of Lands;
(b) the Building Authority;
(c) the Housing Authority;
(d) the Director of Architectural Services.

(Amended E.R. 1 of 2013)

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

85. Rules
(1) The Commission may make rules—
(a) to enable the Commission to make any arrangements necessary to assist any person with a disability to attend before it and provide information pursuant to section 68;
(b) prescribing the persons, or persons belonging to a class of persons, who may lodge a representative complaint under section 80(1);
(c) prescribing the matters to be taken into account by the Commission for the purposes of a determination under section 80(4)(d);
(d) to enable the Commission to require such persons, or persons belonging to such class of persons, as are specified in the rules to furnish information to the Commission for the purposes of section 80;
(e) restricting the disclosure of any information referred to in paragraph (d) furnished to the Commission;
(f) to enable the Commission to direct persons to attend any conference held for the purposes of section 80;
(g) regulating the procedure of any conference held for the purposes of section 80;
(h) prescribing any other thing that is required or permitted to be prescribed under this Ordinance.
(2) Any rules made under subsection (1) may—
(a) make different provisions for different circumstances and provide for a particular case or class of cases;
(b) be made so as to apply only in such circumstances as are prescribed by the rules;
(c) specify forms for the purposes of the rules;
(d) be made generally for the better or more effectual carrying out of the provisions of this Ordinance, including incidental, consequential, evidential and supplemental provisions.
(3) Any rules made under this section may prescribe offences in respect of contraventions of the rules, and may provide for the imposition of a fine not exceeding level 4 and of imprisonment for a period not exceeding 2 years.