### Disability Discrimination Ordinance 《殘疾歧視條例》

47. Offence of serious vilification
(1) A person commits an offence if—
(a) the person, by any activity, incites hatred towards, serious contempt for, or severe ridicule of, another person (the second-mentioned person) with a disability or members of a class of persons with a disability;
(b) the person intentionally incites such hatred, serious contempt or severe ridicule; and
(c) the activity is an activity in public and consists of threatening physical harm, or inciting others to threaten physical harm—
(i) towards, or towards any premises or property of, the second-mentioned person or the members of the class of persons; or
(ii) towards the premises or property of any other person to which the second-mentioned person or the members of the class of persons have access.
(2) For the purposes of subsection (1)(a), it is immaterial whether a person is actually incited, by an activity, to—
(a) hatred towards;
(b) serious contempt for; or
(c) severe ridicule of,

another person with a disability or members of a class of persons with a disability.
(3) A person who commits an offence under subsection (1) is liable on conviction to a fine at level 6 and to imprisonment for 2 years.
(Replaced 29 of 2008 s. 100)

48. Liability of employers and principals
(1) Anything done by a person in the course of his employment shall be treated for the purposes of this Ordinance as done by his employer as well as by him, whether or not it was done with the employer’s knowledge or approval.
(2) Anything done by a person as agent for another person with the authority (whether express or implied, and whether precedent or subsequent) of that other person shall be treated for the purposes of this Ordinance as done by that other person as well as by him.
(3) In proceedings brought under this Ordinance against any person in respect of an act alleged to have been done by an employee of his it shall be a defence for that person to prove that he took such steps as were reasonably practicable to prevent the employee from doing that act, or from doing in the course of his employment acts of that description.
(4) For the avoidance of doubt, it is hereby declared that this section shall not apply for the purposes of any criminal proceedings.

### Disability Discrimination Ordinance 《殘疾歧視條例》

48A. Liability of persons engaging interns and volunteers
(1) This section applies for the purposes of section 22A. 
(2) For the avoidance of doubt, this section does not apply for the purposes of any criminal proceedings. 
(3) An act done by an intern in the course of an internship is to be treated as an act done— 
(a) by the intern; and 
(b) by the person who engaged the intern for the internship, whether or not the act was done with the knowledge or approval of that person. 
(4) In proceedings brought under this Ordinance against a person in respect of an act alleged to have been done by an intern engaged by the person, it is a defence for the person to prove that the person took reasonably practicable steps to prevent the intern— 
(a) from doing that act; or 
(b) from doing acts of that description in the course of the internship 
(5) Subsections (6) and (7) apply if a volunteer is engaged by another person to perform volunteer work. 
(6) An act done by a volunteer in the course of performing volunteer work is to be treated as an act done— 
(a) by the volunteer; and 
(b) by the person who engaged the volunteer to perform the work, whether or not the act was done with the knowledge or approval of that person.
(7) In proceedings brought under this Ordinance against a person in respect of an act alleged to have been done by a volunteer engaged by the person, it is a defence for the person to prove that the person took reasonably practicable steps to prevent the volunteer— 
(a) from doing that act; or 
(b) from doing acts of that description in the course of performing volunteer work. 
(Added 8 of 2020 s. 26)

### Disability Discrimination Ordinance 《殘疾歧視條例》

49. Aiding unlawful acts
(1) A person who knowingly aids another person to do an act made unlawful by this Ordinance shall be treated for the purposes of this Ordinance as himself doing an unlawful act of the like description.
(2) For the purposes of subsection (1), an employee or agent for whose act the employer or principal is liable under section 48 (or would be so liable but for section 48(3)) shall be deemed to aid the doing of the act by the employer or principal.
(2A) For the purposes of subsection (1), if a person who engaged an intern— 
(a) is liable under section 48A for an act done by the intern; or 
(b) would be liable under section 48A for the act but for section 48A(4), 
the intern is deemed to aid the doing of the act by that person. (Added 8 of 2020 s. 27)
(2B) For the purposes of subsection (1), if a person who engaged a volunteer— 
(a) is liable under section 48A for an act done by the volunteer; or 
(b) would be liable under section 48A for the act but for section 48A(7),
the volunteer is deemed to aid the doing of the act by that person. (Added 8 of 2020 s. 27)
(3) A person does not under this section knowingly aid another to do an unlawful act if—
(a) he acts in reliance on a statement made to him by that other person that, by reason of any provision of this Ordinance, the act which he aids would not be unlawful; and
(b) it is reasonable for him to rely on the statement.
(4) A person who knowingly or recklessly makes a statement of the kind referred to in subsection (3)(a) which in a material respect is false or misleading commits an offence and is liable on conviction to a fine at level 4.

### Disability Discrimination Ordinance 《殘疾歧視條例》

50. Special measures
Nothing in Part 3, 4 or 5 shall render unlawful an act that is reasonably intended to—
(a) ensure that persons with a disability have equal opportunities with other persons in circumstances in relation to which a provision is made by this Ordinance;
(b) afford persons with a disability or a particular disability, goods or access to services, facilities or opportunities to meet their special needs in relation to—
(i) employment, education, clubs or sport;
(ii) the provision of premises, goods, services or facilities; or
(iii) their capacity to live independently;
(c) afford persons with a disability or a particular disability, grants, benefits or programmes, whether direct or indirect, to meet their special needs in relation to—
(i) employment, education, clubs or sport;
(ii) the provision of premises, goods, services or facilities; or
(iii) their capacity to live independently.
(Amended E.R. 1 of 2013)

51. Charities
(1) Nothing in Part 3, 4 or 5 shall—
(a) be construed as affecting a provision to which this subsection applies; or
(b) render unlawful an act which is done in order to give effect to such a provision.
(2) Subsection (1) applies to a provision for conferring benefits on persons who have a disability or a particular disability (disregarding any benefits to other persons which are exceptional or are relatively insignificant), being a provision which is contained in a charitable instrument.
(3) In applying this section, account shall be taken of section 88 of the Inland Revenue Ordinance (Cap. 112).
(4) In this section—
charitable instrument (慈善文書) means an enactment or other instrument so far as it relates to charitable purposes;
charitable purposes (慈善目的) means purposes which are exclusively charitable according to any enactment or rule of law.
(Amended E.R. 1 of 2013)

52. Insurance, etc.
Nothing in Part 3, 4 or 5 shall render unlawful the treatment of a person in relation to any class of insurance business, or similar matter involving the assessment of risk, where the treatment—
(a) was effected by reference to actuarial or other data from a source on which it was reasonable to rely; and
(b) was reasonable having regard to the data and any other relevant factors.
(Amended E.R. 1 of 2013)