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

34. Clubs
(1) Subject to subsection (4), 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 discriminate against a person with a disability who is not a member of the club—
(a) by refusing or failing to accept that person’s application for membership; or
(b) in the terms or conditions on which the club is prepared to admit that person to membership.
(2) Subject to subsections (3) and (4), 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 discriminate against a person with a disability who is a member of the club—
(a) in the terms or conditions of membership that are afforded to that member;
(b) by refusing or failing to accept that member’s application for a particular class or type of membership;
(c) by denying that member’s access, or limiting that member’s access, to any benefit, service or facility provided by the club;
(d) by depriving that member of membership or varying the terms of membership; or
(e) by subjecting that member to any other detriment.
(3) Subsection (2)(c) shall not apply to a club, the committee of management of a club or a member of the committee of management of a club which discriminates against a person with a disability where, because of that person’s disability, that person requires the benefit, service or facility to be provided in a special manner and the benefit, service or facility cannot without unjustifiable hardship be so provided by the club.
(4) Subsections (1) and (2) shall not apply to a club, the committee of management of a club or a member of the committee of management of a club which discriminates against a person with a disability if membership (however described) of the club is restricted only to persons who have a particular disability and that first-mentioned person does not have that disability.

35. Sport
(1) Subject to subsection (3), it is unlawful for a person to discriminate against another person with a disability by excluding that other person from a sporting activity.
(2) In subsection (1), a reference to a sporting activity includes a reference to an administrative or coaching activity in relation to any sport.
(3) Subsection (1) shall not apply to a person who discriminates against another person with a disability—
(a) if that other person is not reasonably capable of performing the actions reasonably required in relation to the sporting activity;
(b) if the persons who participate or are to participate in the sporting activities are selected by a method which is reasonable on the basis of their skills and abilities relevant to the sporting activity and relative to each other; or
(c) if a sporting activity is conducted only for persons who have a particular disability and that other person does not have that disability.

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

36. 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.

37. Educational establishments
(1) It is unlawful for a student of an educational establishment, or a person who is, or is a member of, the responsible body for an educational establishment, as the case may be, to harass a person with a disability who is seeking to be, or who is, a student of that educational establishment.
(2) It is unlawful for a person who is a member of the staff of an educational establishment to harass a person with a disability who is seeking to be, or who is, a student of that educational establishment.
(3) It is unlawful for a person who is seeking to be, or who is, a student of an educational establishment to harass a person with a disability—
(a) who is, or is a member of, the responsible body for; or
(b) who is a member of the staff of,

the establishment.

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

38. Harassment in relation to the provision of goods, services and facilities
(1) It is unlawful for a person who, whether for payment or not, provides goods, services or facilities, to harass another person with a disability who— (Amended 8 of 2020 s. 35)
(a) wants to acquire the goods or services; 
(b) is in the course of acquiring the goods or services; 
(c) wants to make use of the facilities; or 
(d) is in the course of making use of the facilities. (Amended 8 of 2020 s. 35)
(1A) It is unlawful for a person who— 
(a) wants to acquire goods or services; 
(b) is in the course of acquiring goods or services; 
(c) wants to make use of facilities; or 
(d) is in the course of making use of facilities, 
to harass another person with a disability who, whether for payment or not, provides the goods, services or facilities. (Added 8 of 2020 s. 35)
(2) It is unlawful for a person to—
(a) interfere with the provision of goods, services or facilities to another person with a disability; or
(b) prevent or to attempt to prevent another person who, whether for payment or not, provides goods, services or facilities, or wishes to provide goods, services or facilities from providing those goods, services or facilities to a third person with a disability.

38A. Harassment by clubs
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 with a disability who is, or has applied to be, a member of the club.
(Added 8 of 2020 s. 41)

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

39. Other harassment
(1) It is unlawful for a person, in relation to premises managed by him, to harass a person with a disability occupying the premises.
(2) 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 with a disability seeking the licence or consent for disposal of the premises to him.
(3) Section 29(5) shall apply to subsection (2) as it applies to section 29.
(4) It is unlawful for a barrister or barrister’s clerk, in relation to any chambers, to harass a person with a disability—
(a) in the course of offering to provide to him pupillage or tenancy in the chambers; or
(b) who is a pupil or tenant in the chambers.
(5) It is unlawful for any person, in the course of the giving, withholding or acceptance of instructions to a barrister, to harass a person with a disability who is a barrister.
(6) Section 33(4) shall apply to subsections (4) and (5) as it applies to section 33.