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

39. Educational establishments
(1) It is unlawful for a person who is, or is a member of, the responsible body for an educational establishment to harass a woman who is seeking to be, or who is, a student of the establishment.
(2) It is unlawful for a person who is a member of the staff of an educational establishment to harass a woman who is seeking to be, or who is, a student of the establishment.
(3) It is unlawful for a person who is a student of an educational establishment to harass a woman who is seeking to be, or who is, a student of the establishment.
(4) It is unlawful for a person who is seeking to be, or who is, a student of an educational establishment to harass a woman— (Amended 3 of 2021 s. 13)
(a) who is, or is a member of, the responsible body for; or
(b) who is a member of the staff of,
the establishment.
(Amended 3 of 2021 s. 13)

39A. Harassment by clubs
(Amended 3 of 2021 s. 9)It is unlawful for a club, the committee of management of a club or a member of the committee of management of a club to harass a woman who is, or has applied to be, a member of the club.
(Added 8 of 2020 s. 39. Amended 3 of 2021 s. 9)

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

40. Other harassment
(Amended 3 of 2021 s. 10)(1) It is unlawful for a person to harass a woman in the course of offering to provide, or providing, goods, facilities or services to her.
(1A) It is unlawful for a person to harass a woman in the course of— (Amended 3 of 2021 s. 10)
(a) seeking to be provided with goods, facilities or services by her; or 
(b) being provided with goods, facilities or services by her. (Added 19 of 2014 s. 3)
(2) It is unlawful for a person, in relation to premises in Hong Kong of which he has power to dispose, to harass a woman in the course of offering to provide, or providing, those premises to her.
(3) It is unlawful for a person, in relation to premises managed by him, to harass a woman occupying the premises.
(4) Where the licence or consent of the landlord or of any other person is required for the disposal to any person of premises in Hong Kong comprised in a tenancy, it is unlawful for the landlord or other person to harass a woman seeking the licence or consent for disposal of the premises to her.
(5) Section 30(4) shall apply to subsection (4) as it applies to section 30.
(6) It is unlawful for a barrister or barrister’s clerk, in relation to any chambers, to harass a woman— (Amended 3 of 2021 s. 10)
(a) in the course of offering to provide to her pupillage or tenancy in the chambers; or
(b) who is a pupil or tenant in the chambers.
(7) It is unlawful for any person, in the course of the giving, withholding or acceptance of instructions to a barrister, to harass a woman who is a barrister.
(8) Section 36(4) shall apply to subsections (6) and (7) as it applies to section 36. 
(Amended 3 of 2021 s. 10)

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

41. Extent of Part 4
(1) Section 28(1)—
(a) shall not apply to goods, facilities or services outside Hong Kong except as provided in subsections (2) and (3); and
(b) shall not apply to facilities by way of banking or insurance or for grants, loans, credit or finance, where the facilities are for a purpose to be carried out, or in connection with risks wholly or mainly arising, outside Hong Kong.
(2) Section 28(1) applies to the provision of facilities for travel outside Hong Kong where the refusal or omission occurs in Hong Kong or on a ship, aircraft or dynamically supported craft referred to in subsection (3).
(3) Section 28(1) applies on and in relation to—
(a) any ship registered in Hong Kong;
(b) any aircraft or dynamically supported craft registered in Hong Kong and operated by a person who has his principal place of business, or is ordinarily resident, in Hong Kong;
(c) any ship, aircraft or dynamically supported craft belonging to or possessed by the Government,

even if the ship, aircraft or dynamically supported craft is outside Hong Kong.
(4) This section shall not render unlawful an act done in or over a place outside Hong Kong, or in or over that place’s territorial waters, if any, for the purpose of complying with the laws of that place.
(5) Section 25 shall not apply to benefits, facilities or services outside Hong Kong except—
(a) travel on a ship registered in Hong Kong;
(b) benefits, facilities or services provided on a ship so registered.
(6) Section 40(1) and (1A) does not apply to harassment that occurs outside Hong Kong except as provided in subsection (7). (Added 19 of 2014 s. 4. Amended 3 of 2021 s. 12)
(7) Section 40(1) and (1A) applies to harassment that occurs on a ship, aircraft or dynamically supported craft referred to in subsection (3) even if it is outside Hong Kong. (Added 19 of 2014 s. 4. Amended 3 of 2021 s. 12)
(Amended E.R. 1 of 2013)

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

42. Discriminatory practices
(1) In this section—
discriminatory practice (歧視性的做法) means the application of a requirement or condition—
(a) that results in an act of discrimination which is unlawful by virtue of any provision of Part 3 or 4 as read with section 5(1)(b), 7(1)(b), 8(b) or 8A(1)(b); or
(b) that would be likely to result in such an act of discrimination if the persons to whom it is applied were not all of the same sex. (Replaced 8 of 2020 s. 9)
(2) A person acts in contravention of this section if and so long as—
(a) he applies a discriminatory practice; or
(b) he operates practices or other arrangements which in any circumstances would call for the application by him of a discriminatory practice.
(3) Proceedings in respect of a contravention of this section shall be brought only by the Commission in accordance with the provisions of sections 77, 78, 79, 80 and 81.
(Amended E.R. 1 of 2013)

43. Discriminatory advertisements
(1) It is unlawful to publish or cause to be published an advertisement which indicates, or might reasonably be understood as indicating, an intention by a person to do any act which is or might be unlawful by virtue of Part 3 or 4.
(2) Subsection (1) shall not apply to an advertisement if the intended act would not in fact be unlawful.
(3) For the purposes of subsection (1), use of a job description which is sex specific shall be taken to indicate an intention to discriminate, unless the advertisement contains an indication to the contrary.
(4) The publisher of an advertisement made unlawful by subsection (1) shall not be subject to any liability under that subsection in respect of the publication of the advertisement if he proves—
(a) that the advertisement was published in reliance on a statement made to him by the person who caused it to be published to the effect that, by reason of the operation of subsection (2), the publication would not be unlawful; and
(b) that it was reasonable for him to rely on the statement.
(5) A person who knowingly or recklessly makes a statement of the kind referred to in subsection (4) which in a material respect is false or misleading commits an offence and is liable on conviction to a fine at level 4.
(Amended E.R. 1 of 2013)