### Family Status Discrimination Ordinance 《家庭崗位歧視條例》

57. Investigation as to compliance with enforcement notices
(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 50(2)(b) does not apply; and
(b) section 49(3) is complied with in relation to the investigation on a date (the commencement date

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

59. Persistent discrimination
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 him;
(b) a finding by the District Court under section 54 that he has done an unlawful discriminatory act,
it appears to the Commission that unless restrained he is likely to do an act falling within paragraph (b), or contravening section 30, the Commission may apply to the District Court for an injunction restraining him 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.

### Family Status Discrimination Ordinance 《家庭崗位歧視條例》

60. Enforcement of sections 31, 32 and 33
(1) Proceedings in respect of a contravention of section 31, 32 or 33 shall be brought only by the Commission in accordance with the provisions of this section.
(2) The proceedings shall 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) shall 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 31, 32 or 33 was unlawful; and
(b) that unless restrained he is likely to do further acts which by virtue of that section was unlawful,

the Commission may apply to the District Court for an injunction restraining him 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 31, 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 the same person.

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

### Family Status Discrimination Ordinance 《家庭崗位歧視條例》

62. 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 66.
(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 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 66, 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 him of—
(a) that decision; and
(b) the reasons 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 hereby declared that subsection (6) shall 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.

### Family Status Discrimination Ordinance 《家庭崗位歧視條例》

63. Assistance other than by way of conciliation
(1) Where a complaint has been lodged under section 62(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 (for the purposes of this Ordinance) in accordance with section 73D 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 other 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.