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

37. Exception from section 36 for certain clubs
(1) Section 36 does not apply to, or in relation to, a club the main object of which is to enable the benefits of membership to be enjoyed by persons of a particular racial group defined otherwise than by reference to colour.
(2) In determining whether the main object of a club is as stated in subsection (1), regard shall be had to—
(a) the essential character of the club;
(b) the extent to which the affairs of the club are so conducted that the persons primarily enjoying the benefits of membership are of the racial group in question; and
(c) any other relevant circumstances.
(3) Where the main object of a club is to enable the benefits of membership to be enjoyed by persons of a number of different racial groups defined otherwise than by reference to colour—
(a) nothing in section 36 shall render unlawful any arrangements concerning membership which is designed to give effect to such object; and
(b) nothing in section 36 shall render unlawful a provision to which this paragraph applies or any act done in order to give effect to such a provision.
(4) Subsection (3)(b) applies to a provision which is designed to ensure that the committee of management of the club includes, in relation to each of the relevant racial groups, a minimum number of members, and—
(a) which for that purpose—
(i) reserves seats for each of those racial groups on that committee; or
(ii) makes extra seats available for persons of any such racial group when the number of persons of that racial group in the other seats falls below the minimum; and
(b) which, in the opinion of the club or its committee of management, is needed in the circumstances to secure a reasonable lower limit to the number of members of each of those racial groups serving on the committee.
(5) In determining whether the main object of a club is as stated in subsection (3), regard shall be had to—
(a) the essential character of the club;
(b) the extent to which the affairs of the club are so conducted that the persons primarily enjoying the benefits of membership are of the different racial groups in question; and
(c) any other relevant circumstances.

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

38. Educational establishments
(1) It is unlawful for a person who is, or is a member of, the responsible body for an educational establishment to harass a person who is seeking to be, or who is, a student of the establishment.
(2) It is unlawful for a person who is a member of the staff of an educational establishment to harass a person who is seeking to be, or who is, a student of the establishment.
(3) It is unlawful for a person who is a student of an educational establishment to harass a person who is seeking to be, or who is, a student of the establishment.
(4) It is unlawful for a person who is seeking to be, or who is, a student of an educational establishment to harass a person—
(a) who is, or is a member of, the responsible body for the establishment; or
(b) who is a member of the staff of the establishment.

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

39. Other harassment
(1) It is unlawful for a person concerned with the provision of goods, facilities or services to harass another person who seeks to obtain or use those goods, facilities or services or to whom the person provides those goods, facilities or services.
(1A) It is unlawful for a person who—
(a) seeks to obtain or use goods, facilities or services; or
(b) is provided with goods, facilities or services,
to harass another person who is concerned with the provision of the goods, facilities or services. (Added 8 of 2020 s. 36)
(2) It is unlawful for a person, in relation to premises in Hong Kong of which that person has power to dispose, to harass another person who applies for those premises.
(3) It is unlawful for a person, in relation to premises managed by that person, to harass a person occupying the premises.
(4) Where the licence or consent of the landlord or of any other person is required for the disposal to any person of premises in Hong Kong comprised in a tenancy, it is unlawful for the landlord or other person to harass a person seeking the licence or consent for the disposal of the premises to him or her, or a person from whom the licence or consent is withheld.
(5) Subsections (1), (1A), (2), (3) and (4) do not apply to harassment which is rendered unlawful by section 24, 24A, 25 or 38. (Amended 8 of 2020 ss. 31 & 36)
(6) Section 29(4) applies to subsection (4) as it applies to section 29.
(7) It is unlawful for a barrister or barrister’s clerk, in relation to any chambers, to harass a person who is, or has applied to be, a pupil or tenant in the chambers.
(8) It is unlawful for any person, in the course of giving, withholding or acceptance of instructions to a barrister, to harass a person.
(9) Section 35(4) applies to subsections (7) and (8) as it applies to section 35.
(10) 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 harass a person who is, or has applied to be, a member of the club.

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

40. Extent of Part 4
(1) Section 27(1)—
(a) does not apply to goods, facilities or services outside Hong Kong except as provided in subsections (2) and (3); and
(b) does not apply to facilities—
(i) by way of banking or insurance; or
(ii) 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 27(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 27(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 whose principal place of business is in Hong Kong or who is ordinarily resident in Hong Kong; or
(c) any ship, aircraft or dynamically supported craft belonging to or possessed by the Government,
even if the ship, aircraft or craft is outside Hong Kong.
(4) This section does not render unlawful an act done in or over a place outside Hong Kong, or in or over that place’s territorial waters for the purpose of complying with the laws of that place.
(5) Section 26 does not apply to benefits, facilities or services outside Hong Kong except—
(a) travel on a ship registered in Hong Kong; or
(b) benefits, facilities or services provided on a ship so registered.
(6) Section 39(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. 38)
(7) Section 39(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. 38)