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

55. Immigration legislation
Nothing in Part 3, 4 or 5 affects, as regards a person not having the right to enter and remain in Hong Kong, any immigration legislation governing entry into, stay in and departure from Hong Kong, or the application of any such legislation.

56. Acts done under statutory authority not affected by Parts 3, 4 and 5
Nothing in Part 3, 4 or 5 renders unlawful any act done by a person if it was necessary for that person to do it in order to comply with a requirement of an existing statutory provision.

57. Application to New Territories land
Nothing in Part 4 or 5—
(a) is to be construed as affecting the operation of any of the provisions of—
(i) the New Territories Ordinance (Cap. 97); or
(ii) the New Territories Leases (Extension) Ordinance (Cap. 150); or
(b) renders unlawful any act done by any person in, or in connection with, the operation of any of those provisions.

58. Other matters not affected
(1) No provision or Part of this Ordinance specified in column 2 of Schedule 5 renders unlawful any discrimination specified opposite thereto in column 3 of that Schedule.
(2) Nothing in Part 3, 4 or 5 renders unlawful any act done by any person—
(a) in connection with any discrimination which is not unlawful by virtue of the operation of subsection (1); and
(b) to the extent that it is done for the purposes of that discrimination.

59. Functions and powers of Commission
(1) The Commission shall—
(a) work towards the elimination of discrimination;
(b) promote equality of opportunity and harmony between persons of different racial groups generally;
(c) work towards the elimination of harassment and vilification;
(d) in the case of any act alleged to be unlawful by virtue of this Ordinance, encourage persons who are concerned with the matter to which act relates to effect a settlement of the matter by conciliation, whether under section 78 or otherwise;
(e) keep under review the working of this Ordinance and when required to do so by the Chief Executive, or when it otherwise thinks fit, draw up and submit to the Chief Executive proposals for amending this Ordinance; and
(f) perform such other functions as are imposed on it under this Ordinance or any other enactment.
(2) The Commission may do all such things as are necessary for, or incidental or conducive to, the better performance of its functions.
(3) Without limiting subsection (1), the Commission may in particular—
(a) with the prior approval of the Chief Executive, become a member of or affiliate to any international body concerned (whether in whole or in part) with the elimination of discrimination; or
(b) exercise such powers as are conferred on it under this Ordinance.

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

60. Review of Schedule 5
(1) Without limiting section 59(1), the Commission, pursuant to its powers under paragraphs (a) and (b) of that section, shall keep Schedule 5 under review.
(2) Whenever the Commission thinks it necessary, it shall draw up and submit to the Chief Executive proposals for amending Schedule 5.

61. Restrictions on delegation by Commission
The Commission may not under section 67(1) of the Sex Discrimination Ordinance (Cap. 480) delegate any of its functions or powers under—
(a) section 82;
(b) any provisions of any regulations made under section 83 which are specified in the regulations as provisions which are not subject to section 67 of the Sex Discrimination Ordinance (Cap. 480); or
(c) any provisions of any rules made under section 82 which are specified in the rules as provisions which are not subject to that section 67.

62. Protection of members of Commission, etc.
(1) No person to whom this subsection applies, acting in good faith, is personally liable in damages for any act done or default made in the performance or purported performance of any function, or the exercise or purported exercise of any power, imposed or conferred on the Commission under this Ordinance.
(2) The protection conferred by subsection (1) on any person to whom that subsection applies in respect of any act or default does not in any way affect the liability of the Commission for that act or default.
(3) Subsection (1) applies to the following persons— (Amended 18 of 2014 s. 41)
(a) a member of the Commission or a committee;
(b) an employee of the Commission;
(c) a conciliator.
(Amended 18 of 2014 s. 41)

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

63. Codes of practice
(1) The Commission may issue codes of practice containing such practical guidance as it thinks fit for the purposes of—
(a) the elimination of discrimination;
(b) the promotion of equality of opportunity and harmony between persons of different racial groups; or
(c) the elimination of harassment and vilification.
(2) When the Commission proposes to issue a code of practice, it shall prepare and publish (otherwise than in the Gazette) the code; it shall consider any representations made to it about the code and may modify the code accordingly.
(3) In the course of preparing any code of practice for eventual publication under subsection (2), the Commission shall consult such associations, organizations, associations of organizations or bodies as appear to the Commission to be appropriate including any associations, organizations, associations of organizations or bodies specified by the Secretary for Constitutional and Mainland Affairs by notice published in the Gazette.
(4) If the Commission determines to proceed with a code of practice published under subsection (2), it shall cause the code to be—
(a) published in the Gazette; and
(b) laid on the table of the Legislative Council at the next sitting after its publication in the Gazette.
(5) The Legislative Council may, by resolution passed at a sitting of the Legislative Council held not later than 28 days after the sitting at which a code of practice is laid on the table of that Council (the relevant period

64. Power to conduct formal investigations
Without limiting section 59—
(a) if the Commission thinks fit, it may conduct a formal investigation for any purpose connected with the carrying out of any of its functions under that section; and
(b) if required by the Chief Secretary for Administration, the Commission shall conduct a formal investigation for any purpose connected with the carrying out of any of its functions under that section.

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

65. Terms of reference
(1) The Commission shall not embark on a formal investigation unless the requirements of this section have been complied with.
(2) The terms of reference for the formal investigation are to be drawn up by the Commission or, where the Chief Secretary for Administration requires the Commission to conduct the investigation, by the Chief Secretary for Administration after consulting the Commission.
(3) The Commission shall give general notice of the holding of the formal investigation unless the terms of reference confine it to activities of persons named in them, but in such a case the Commission shall in the prescribed manner give those persons notice of the holding of the investigation.
(4) Where the terms of reference of the formal investigation confine it to activities of persons named in them and the Commission in the course of the investigation proposes to investigate any act made unlawful by this Ordinance which it believes a person so named may have done, the Commission shall—
(a) inform that person of its belief and its proposal to investigate the act; and
(b) offer that person an opportunity of making oral or written representations with regard to it (or both oral and written representations as that person thinks fit).
(5) A person who avails himself of an opportunity to make oral representations under subsection (4)(b) may be represented—
(a) by counsel or a solicitor; or
(b) by some other person of the person’s choice, not being a person to whom the Commission objects on the ground that he or she is unsuitable.
(6) The Commission may or, if the Commission was required by the Chief Secretary for Administration to conduct the formal investigation, the Chief Secretary for Administration after consulting the Commission may, from time to time, revise the terms of reference.
(7) Subsections (1), (3), (4) and (5) apply to the revised investigation and terms of reference as they apply to the original.