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

11. Partnerships
(1) It is unlawful for a firm consisting of not less than 6 partners, in relation to a position as partner in the firm, to discriminate against a person who has family status—
(a) in the arrangements the firm makes for the purpose of determining who should be offered that position;
(b) in the terms on which the firm offers that person that position;
(c) by refusing or deliberately omitting to offer that person that position; or
(d) in a case where that person already holds that position—
(i) in the way the firm affords him access to any benefits, facilities or services, or by refusing or deliberately omitting to afford him access to them; or
(ii) by expelling him from that position or subjecting him to any other detriment.
(2) Subsection (1) shall apply in relation to persons proposing to form themselves into a partnership as it applies in relation to a firm.
(3) In the case of a limited partnership references in subsection (1) to a partner shall be construed as references to a general partner within the meaning of section 2 of the Limited Partnerships Ordinance (Cap. 37).
(4) The Chief Executive in Council may, by notice in the Gazette, amend subsection (1) by— (Amended 66 of 1999 s. 3)
(a) substituting another number for the number appearing in that subsection; or
(b) repealing the words and number appearing after “for a firm” and before “, in relation to”.

12. Trade Unions, etc.
(1) This section applies to an organization of workers, an organization of employers, or any other organization whose members carry on a particular profession or trade for the purposes of which the organization exists.
(2) It is unlawful for an organization to which this section applies, in the case of a person who has family status and who is not a member of the organization, to discriminate against that person—
(a) in the terms on which it is prepared to admit that person to membership; or
(b) by refusing, or deliberately omitting to accept, his application for membership.
(3) It is unlawful for an organization to which this section applies, in the case of a person who has family status and who is a member of the organization, to discriminate against that person—
(a) in the way it affords that person access to any benefits, facilities or services, or by refusing or deliberately omitting to afford him access to them;
(b) by depriving that person of membership, or varying the terms on which he is a member; or
(c) by subjecting that person to any other detriment.

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

13. Qualifying bodies
(1) It is unlawful for an authority or body which can confer an authorization or qualification which is needed for, or facilitates, engagement in a particular profession or trade to discriminate against a person who has family status—
(a) in the terms on which it is prepared to confer on that person that authorization or qualification;
(b) by refusing or deliberately omitting to grant that person’s application for it; or
(c) by withdrawing it from that person or varying the terms on which he holds it.
(2) Where an authority or body is required by law to satisfy itself as to his good character before conferring on a person an authorization or qualification which is needed for, or facilitates, his engagement in any profession or trade then, without prejudice to any other duty to which it is subject, that requirement shall be taken to impose on the authority or body a duty to have regard to any evidence tending to show that he, or any of his employees or agents (whether past or present), has practised unlawful discrimination in, or in connection with, the carrying on of any profession or trade.
(3) Subsection (1) shall not apply to discrimination which is rendered unlawful by section 18.
(4) In this section—
authorization or qualification (授權或資格) includes recognition, licensing, registration, enrolment, approval and certification;
confer (授予) includes renew or extend.

14. Persons concerned with provision of vocational training
(1) It is unlawful, in the case of a person who has family status seeking or undergoing training which would help that person fit for employment, for any person (the trainer

15. Employment agencies
(1) It is unlawful for an employment agency to discriminate against a person who has family status—
(a) in the terms on which the agency offers to provide any of its services;
(b) by refusing or deliberately omitting to provide any of its services; or
(c) in the way it provides any of its services.
(2) References in subsection (1) to the services of an employment agency include guidance on careers and any other services related to employment.
(3) This section shall not apply if the discrimination only concerns employment which the employer could lawfully refuse to offer the person concerned.
(4) An employment agency shall not be subject to any liability under this section if it proves—
(a) that it acted in reliance on a statement made to it by the employer to the effect that, by reason of the operation of subsection (3), its action would not be unlawful; and
(b) that it was reasonable for it to rely on the statement.
(5) A person who knowingly or recklessly makes a statement of the kind referred to in subsection (4)(a) which in a material respect is false or misleading commits an offence and is liable on conviction to a fine at level 4.

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

16. Discrimination against commission agents
(1) This section applies to any work for a person (the principal

17. 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 who has family status, in the performance of its functions or the exercise of its powers.
(2) Subsection (1) shall not render unlawful—
(a) as regards a person 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 if it was necessary for that act to be done in order to comply with a requirement of an existing statutory provision.

18. Discrimination by responsible bodies for educational establishments
(1) It is unlawful for the responsible body for an educational establishment to discriminate against a person who has family status—
(a) in the terms on which it offers to admit that person to the establishment as a student;
(b) by refusing or deliberately omitting to accept an application for that person’s admission to the establishment as a student; or
(c) where that person is a student of the establishment—
(i) in the way it affords him access to any benefits, facilities or services, or by refusing or deliberately omitting to afford him access to them; or
(ii) by excluding him from the establishment or subjecting him to any other detriment.
(2) For the avoidance of doubt, it is hereby declared that subsection (1) does not apply to any act done by the responsible body for an educational establishment in order to comply with—
(a) the system commonly known as the Primary One Admission System or any scheme, system or programme that replaces that System in whole or in part;
(b) the system commonly known as the Secondary School Places Allocation System or any scheme, system or programme that replaces that System in whole or in part; or
(c) any provision of a law, being a provision relating to the admission of students.