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

74. Appeal against enforcement notice
(1) Not later than 45 days after an enforcement notice is served on any person he may appeal against any requirement of the notice to the District Court.
(2) Where the District Court considers a requirement in respect of which an appeal is brought under subsection (1) to be unreasonable because it is based on an incorrect finding of fact or for any other reason, the Court shall quash the requirement.
(3) On quashing a requirement under subsection (2), the District Court may direct that the enforcement notice shall be treated as if, in place of the requirement quashed, it had contained a requirement in terms specified in the direction.
(4) Subsection (1) shall not apply to a requirement treated as included in an enforcement notice by virtue of a direction under subsection (3).

75. 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 68(2)(b) does not apply; and
(b) section 67(3) is complied with in relation to the investigation on a date (the commencement date

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

77. 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 him;
(b) a finding by the District Court under section 72 that he has done an unlawful discriminatory act, an unlawful act of harassment or acts contravening section 46 or 47,
it appears to the Commission that unless restrained he 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 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.

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

78. Enforcement of sections 42, 43, 44 and 45
(1) Proceedings in respect of a contravention of section 42, 43, 44 or 45 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 42, 43, 44 or 45 was unlawful; and
(b) that unless restrained he 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 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 43, 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.

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

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

80. 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 85.
(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 85, 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.