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

2A. Harassment of breastfeeding women
(1) For the purposes of this Ordinance (other than section 2(5)), a person harasses a woman if, on the ground that the woman is breastfeeding— 
(a) the person engages in unwelcome conduct, in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the woman would be offended, humiliated or intimidated by that conduct; or
(b) the person, alone or together with other persons, engages in conduct that creates a hostile or intimidating environment for the woman.
(2) In subsection (1)—
conduct (行徑) includes making a statement to a woman or in her presence, whether the statement is made orally or in writing. 
(Added 3 of 2021 s. 5)

3. Application
This Ordinance binds the Government.

4. Act done because of sex, etc. and for other reason
If—
(a) an act is done for 2 or more reasons; and
(b)  one of the reasons is—
(i) a person’s sex;
(ii) a person’s marital status;
(iii) a woman’s pregnancy; or
(iv) that a woman is breastfeeding,
whether or not it is the dominant or a substantial reason, (Replaced 8 of 2020 s. 5)
then, for the purpose of this Ordinance, the act shall be taken to be done for the reason specified in paragraph (b).

5. Sex discrimination against women
(1) A person discriminates against a woman in any circumstances relevant for the purposes of any provision of this Ordinance if—
(a) on the ground of her sex he treats her less favourably than he treats or would treat a man; or
(b) he applies to her a requirement or condition which he applies or would apply equally to a man but—
(i) which is such that the proportion of women who can comply with it is considerably smaller than the proportion of men who can comply with it;
(ii) which he cannot show to be justifiable irrespective of the sex of the person to whom it is applied; and
(iii) which is to her detriment because she cannot comply with it.
(2) If a person treats or would treat a man differently according to the man’s marital status, his treatment of a woman is for the purposes of subsection (1)(a) to be compared to his treatment of a man having the like marital status.

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

6. Sex discrimination against men
(1) Section 5, and the provisions of Parts 3 and 4 relating to sex discrimination against women, shall be read as applying equally to the treatment of men, and for that purpose shall have effect with such modifications as are necessary.
(2) In the application of subsection (1) no account shall be taken of special treatment afforded to women in connection with pregnancy, childbirth or breastfeeding. (Amended 8 of 2020 s. 6)
(Amended E.R. 1 of 2013)

7. Discrimination against married, etc. persons
(Amended L.N. 28 of 2013)(1) A person discriminates against a person of either sex in any circumstances relevant for the purposes of any provision of Part 3 or 4 if—
(a) on the ground of his or her marital status (the relevant marital status

8. Discrimination against pregnant women
(Amended L.N. 28 of 2013)A person discriminates against a woman in any circumstances relevant for the purposes of any provision of Part 3 or 4 if—
(a) on the ground of her pregnancy he treats her less favourably than he treats or would treat a person who is not pregnant; or
(b) he applies to her a requirement or condition which he applies or would apply to a person who is not pregnant but—
(i) which is such that the proportion of persons who are pregnant who can comply with it is considerably smaller than the proportion of persons who are not pregnant who can comply with it;
(ii) which he cannot show to be justifiable irrespective of whether or not the person to whom it is applied is pregnant; and
(iii) which is to her detriment because she cannot comply with it.
(Amended E.R. 1 of 2013)

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

8A. Discrimination against breastfeeding women
(1)  A person (the discriminator) discriminates against a woman in any circumstances relevant for the purposes of Part 3 or 4 if the discriminator— 
(a) on the ground that the woman is breastfeeding, treats the woman less favourably than the discriminator treats or would treat a person who is not breastfeeding; or
(b) applies to the woman, who is breastfeeding, a requirement or condition that the discriminator applies or would apply to a person who is not breastfeeding and the requirement or condition—
(i) is such that the proportion of women who are breastfeeding and can comply with it is considerably smaller than the proportion of persons who are not breastfeeding and can comply with it;
(ii) is one that the discriminator cannot show to be justifiable, irrespective of whether the person to whom it is applied is a woman who is breastfeeding; and
(iii) is to the detriment of the woman who is breastfeeding because she cannot comply with it.
(2) For the purposes of this section—
(a) a woman is breastfeeding if she—
(i) is engaged in the act of breastfeeding a child or expressing breast milk; or
(ii) is a person who feeds a child with her breast milk; and
(b) a person who is not breastfeeding is to be construed accordingly.
(Added 8 of 2020 s. 7)

9. Discrimination by way of victimisation
(1)  A person (the discriminator

10. Comparison of cases under sections 5(1), 7(1) and 8
A comparison of the cases of persons—
(a) of different sex under section 5(1);
(b) of different marital status under section 7(1);
(c) who are pregnant and not pregnant under section 8,
shall be such that the relevant circumstances in the one case are the same, or not materially different, in the other.

10A. Comparison of cases under section 8A
A comparison of the cases under section 8A of—
(a) a woman who is breastfeeding; and
(b) a person who is not breastfeeding,
must be such that the relevant circumstances in the one case are the same as, or not materially different from, those in the other.
(Added 8 of 2020 s. 8)

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

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