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

3. Application to Government
This Ordinance binds the Government.

4. Racial discrimination
(1) In any circumstances relevant for the purposes of any provision of this Ordinance, a person (the discriminator

5. Discrimination on the ground of race of associate
In any circumstances relevant for the purposes of any provision of this Ordinance, a person (the discriminator

6. Discrimination by way of victimization
(1) A person (the discriminator

7. Racial harassment
(1) In any circumstances relevant for the purposes of any provision of this Ordinance, a person harasses another person if, on the ground of the race of that other person or an associate of that other person, the first-mentioned person engages in unwelcome conduct (which may include an oral or a written statement), in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the other person would be offended, humiliated or intimidated by that conduct.
(2) In any circumstances relevant for the purposes of any provision of this Ordinance, a person (the first-mentioned person

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

9. Act done for racial and other reason
If—
(a) an act is done for 2 or more reasons; and
(b) one of the reasons is the race of a person (whether or not it is the dominant reason or a substantial reason for doing the act),
then, for the purposes of this Ordinance, the act is taken to be done for the reason of the race of the person.

10. Discrimination against applicants and employees
(1) It is unlawful for a person (the employer

11. Exception for genuine occupational qualification
(1) In relation to discrimination falling within section 4—
(a) section 10(1)(a) and (c) does not apply to any employment where being of a particular racial group is a genuine occupational qualification for the job; and
(b) section 10(2)(b) does not apply to opportunities for promotion or transfer to, or training for, such employment.
(2) Being of a particular racial group is a genuine occupational qualification only where—
(a) the job involves participation in a dramatic performance or other entertainment in a capacity for which a person of that racial group is required for reasons of authenticity;
(b) the job involves participation as an artist’s or photographic model in the production of a work of art, visual images or sequence of visual images for which a person of that racial group is required for reasons of authenticity;
(c) the job involves working in a place where food or drink is (for payment or not) provided to and consumed by members of the public or a section of the public in a particular setting for which, in that job, a person of that racial group is required for reasons of authenticity;
(d) the holder of the job provides persons of that racial group with personal services promoting their welfare, and those services can most effectively be provided by a person of that racial group; or
(e) the job involves providing persons of that racial group with personal services of such nature or in such circumstances as to require familiarity with the language, culture and customs of and sensitivity to the needs of that racial group, and those services can most effectively be provided by a person of that racial group.

12. Exception for employment intended to provide training in skills to be exercised outside Hong Kong
Without prejudice to section 8(2) and (3), nothing in section 10 renders unlawful any act done by an employer for the benefit of a person not ordinarily resident in Hong Kong in or in connection with employing the person at an establishment in Hong Kong, where the purpose of that employment is to provide the person with training in skills which the person appears to the employer to intend to exercise wholly outside Hong Kong.

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

13. Exception for employment of person with special skills, knowledge or experience
(1) Nothing in section 10 renders unlawful any act done by an employer for the benefit of any person in or in connection with employing the person at an establishment in Hong Kong, where—
(a) the employment requires special skills, knowledge or experience not readily available in Hong Kong;
(b) the person—
(i) possesses those skills, knowledge or experience; and
(ii) is recruited or transferred from a place outside Hong Kong; and
(c) the act is reasonably done for a person so recruited or transferred, having regard to—
(i) the prevailing terms of employment offered to persons with those skills, knowledge or experience in places outside Hong Kong; and
(ii) any other relevant circumstances (other than the race of the person).
(2) Where in an employment of a person to which subsection (1) or this subsection applies—
(a) the employment terminates and is immediately followed by renewal or re-engagement (whether or not on the same terms);
(b) the person is promoted; or
(c) the person is transferred within the same group of companies,
nothing in section 10 renders unlawful any act done, by the employer or the employer upon transfer (as the case may be), for the benefit of the person in or in connection with the renewal, re-engagement, promotion or transfer, or in or in connection with the employment pursuant to it, so long as the act is reasonably done for the person having regard to the matters referred to in subsection (1)(c).
(3) In this section—
(a) group of companies (公司集團) means a group of companies within the meaning of the Companies Ordinance (Cap. 622); (Amended 28 of 2012 ss. 912 & 920)
(b) an employee is transferred within the same group of companies if the termination of the employment of the employee by one employer is immediately followed by the employment of the employee by another employer, both employers being at that time within the same group of companies; and a reference to transfer of employment within the same group of companies shall be construed accordingly.
(4) Nothing in this section shall prejudice the operation of section 8(2) and (3).

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

14. Exception for existing employment on local and overseas terms of employment
(1) Nothing in section 10 renders unlawful—
(a) any differential treatment by an employer in or in connection with employing an employee on local terms of employment on the one hand and employing another employee on overseas terms of employment on the other hand in accordance with those two sets of terms respectively; or
(b) any differential treatment by an employer in or in connection with employing on overseas terms of employment an employee who is a national or citizen of a country or place on the one hand and employing also on those terms another employee who is a national or citizen of another country or place on the other hand in accordance with those terms.
(2) Subsection (1) applies only to an employee in an existing employment as specified in Schedule 2.
(3) In this section, local terms of employment (本地僱用條款) and overseas terms of employment (海外僱用條款) have the meanings assigned to them respectively by section 11 of Schedule 2.
(4) Nothing in this section shall prejudice the operation of section 8(2) and (3).

15. Discrimination against contract workers
(1) This section applies to any work for a person (the principal

16. Meaning of employment at establishment in Hong Kong
(1) For the purposes of this Ordinance (the relevant purposes