### Sex Discrimination Ordinance 《性別歧視條例》

85. Assistance other than by way of conciliation
(1) Where a complaint has been lodged under section 84(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 in accordance with section 73B 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 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.

### Sex Discrimination Ordinance 《性別歧視條例》

87. Validity and revision of contracts
(1) A term of a contract is void where—
(a) its inclusion renders the making of the contract unlawful by virtue of this Ordinance;
(b) it is included in furtherance of an act rendered unlawful by this Ordinance; or
(c) it provides for the doing of an act which would be rendered unlawful by this Ordinance.
(2) Subsection (1) shall not apply to a term the inclusion of which constitutes, or is in furtherance of, or provides for, unlawful discrimination against a party to the contract, but the term shall be unenforceable against that party.
(3) A term in a contract which purports to exclude or limit any provision of this Ordinance is unenforceable by any person in whose favour the term would operate apart from this subsection.
(4) Subsection (3) shall not apply to a contract settling a claim to which section 76 applies.
(5) On the application of any person interested in a contract to which subsection (2) applies, the District Court may make such order as it thinks just for removing or modifying any term made unenforceable by that subsection; but such an order shall not be made unless all persons affected have been given notice of the application (except where under rules made under the District Court Ordinance (Cap. 336) notice may be dispensed with) and have been afforded an opportunity to make representations to the Court.
(6) An order under subsection (5) may include provision as respects any period before the making of the order.

### Sex Discrimination Ordinance 《性別歧視條例》

88. Rules
(1) The Commission may make rules—
(a) prescribing the persons, or persons belonging to a class of persons, who may lodge a representative complaint under section 84(1);
(b) prescribing the bodies and positions for the purposes of section 35;
(c) prescribing the matters to be taken into account by the Commission for the purposes of a determination under section 84(4)(d);
(d) to enable the Commission to require such persons, or persons belonging to such class of persons, as are specified in the rules to furnish information to the Commission for the purposes of section 84;
(e) restricting the disclosure of any information referred to in paragraph (d) furnished to the Commission;
(f) to enable the Commission to direct persons to attend any conference held for the purposes of section 84;
(g) regulating the procedure of any conference held for the purposes of section 84;
(h) prescribing any other thing that is required or permitted to be prescribed under this Ordinance.
(2) Any rules made under subsection (1) may—
(a) make different provisions for different circumstances and provide for a particular case or class of cases;
(b) be made so as to apply only in such circumstances as are prescribed by the rules;
(c) specify forms for the purposes of the rules;
(d) be made generally for the better or more effectual carrying out of the provisions of this Ordinance, including incidental, consequential, evidential and supplemental provisions.
(3) Any rules made under this section may prescribe offences in respect of contraventions of the rules, and may provide for the imposition of a fine not exceeding level 4 and of imprisonment for a period not exceeding 2 years.

89. Regulations to empower Commission to bring certain proceedings
(1) The Secretary for Constitutional and Mainland Affairs may make regulations— (Amended L.N. 130 of 2007)
(a) where any person may bring proceedings under section 76(1) but has not done so, empowering the Commission, in such circumstances as are specified in the regulations, to bring and maintain those proceedings as if the Commission were that person;
(b) specifying which of the remedies referred to in section 76(3) shall be obtainable by the Commission in any such proceedings;
(c) for the purposes of enabling the Commission to bring and maintain any such proceedings (including any related purposes), specifying modifications to which any provisions of this Ordinance (including any subsidiary legislation) shall be read.
(2) Any regulations made under this section shall be subject to the approval of the Legislative Council.
(3) This section is without prejudice to the Commission’s power to bring proceedings by way of judicial review, in relation to this Ordinance or any other law, pursuant to its functions under section 64(1). (Added 71 of 1997 s. 9)

### Sex Discrimination Ordinance 《性別歧視條例》

90. Amendment of Schedules
(1) The Chief Executive in Council may, by notice in the Gazette, amend Schedule 1, 4 or 5 but any notice to amend Schedule 5 shall be subject to the approval of the Legislative Council. (Amended 71 of 1997 s. 10; 66 of 1999 s. 3; 18 of 2014 s. 20)
(2) The Legislative Council may, by resolution, amend Schedule 6.

91. Transitional provisions
(1) The provisions of Schedule 7 shall have effect as transitional provisions for the purposes of this Ordinance.
(2) (Omitted as spent—E.R. 1 of 2013)

### Nuclear Material (Liability for Carriage) Ordinance 《核材料(關於運載的法律責任)條例》

1. Short title
This Ordinance may be cited as the Nuclear Material (Liability for Carriage) Ordinance.