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

21. Employment agencies
(1) It is unlawful for an employment agency to discriminate against a person—
(a) in the terms on which the agency offers to provide any of its services;
(b) by refusing, or deliberately omitting to provide, any of its services; or
(c) in the way it provides any of its services.
(2) References in subsection (1) to the services of an employment agency include guidance on careers and any other services related to employment.
(3) This section does not apply if the discrimination only concerns employment which the employer could lawfully refuse to offer the person.
(4) An employment agency is not subject to any liability under this section if it proves—
(a) that it acted in reliance on a statement made to it by the employer to the effect that, by reason of the operation of subsection (3), its action would not be unlawful; and
(b) that it was reasonable for it to rely on the statement.
(5) A person who knowingly or recklessly makes a statement of the kind referred to in subsection (4)(a) which in a material respect is false or misleading commits an offence and is liable on conviction to a fine at level 4.

22. Discrimination against commission agents
(1) This section applies to any work for a person (the principal

23. Employment, etc. for religion
(1) Nothing in this Part applies to employment for the purposes of an organized religion where the employment is limited to a particular racial group so as to comply with the doctrines of the religion or to avoid offending the religious susceptibilities common to its followers.
(2) Nothing in section 19 applies to an authorization or qualification (within the meaning of that section) for the purposes of an organized religion where the authorization or qualification is limited to a particular racial group so as to comply with the doctrines of the religion or to avoid offending the religious susceptibilities common to its followers.

24. Employees, etc.
(1) It is unlawful for a person, in relation to employment by that person at an establishment in Hong Kong, to harass a person who is seeking to be employed by that person.
(2) It is unlawful for a person (the first-mentioned person

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

24A. Harassment at workplace
(1) It is unlawful for a person who is a workplace participant to harass another person who is also a workplace participant at a workplace of them both.
(2) In this section—
intern (實習人員) means a person who is engaged by another person for an internship but is not an employee of that other person;
internship (實習) means—(a) a period of work the completion of which is required for attaining a professional or academic qualification and includes a pupillage; or
(b) any other work that is usually described as an internship;

volunteer (義工) means a person who performs volunteer work other than in the capacity of an employer or employee;
workplace (工作場所), in relation to a person, means a place—(a) at which the person works as a workplace participant; or
(b) that the person attends as a workplace participant;

workplace participant (場所使用者) means—(a) an employee;
(b) an employer;
(c) a contract worker;
(d) the principal, within the meaning of section 15(1), of a contract worker;
(e) a commission agent;
(f) the principal, within the meaning of section 22(1), of a commission agent;
(g) a partner in a firm;
(h) an intern; or
(i) a volunteer.

(Added 8 of 2020 s. 30)

25. Other harassment
(1) It is unlawful for a member of an organization to which section 18 applies to harass a person who is seeking to be, or who is, a member of that organization.
(2) It is unlawful for a member of an authority or body referred to in section 19 to harass a person who is seeking an authorization or qualification (within the meaning of that section) which can be conferred by the authority or body or to harass a person holding such an authorization or qualification. This subsection does not apply to harrassment which is rendered unlawful by section 38.
(3) It is unlawful for a person to harass another person who is seeking or undergoing training which would help to fit that other person for any employment if the person provides, or makes arrangements for the provision of, facilities for such training. This subsection does not apply to harassment which is rendered unlawful by section 24(1) or (2) or 38.
(4) It is unlawful for a person who—
(a) operates an employment agency; or
(b) is a member of the staff of an employment agency,
to harass a person to whom the agency provides any of the agency’s services or who is seeking the provision of such services.

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

26. Discrimination by responsible bodies for educational establishments
(1) It is unlawful for the responsible body for an educational establishment to discriminate against a person—
(a) in the terms on which it offers to admit that person to the establishment as a student;
(b) by refusing, or deliberately omitting to accept, an application for that person’s admission to the establishment as a student; or
(c) where the person is a student of the establishment—
(i) in the way it affords the person access to any benefits, facilities or services, or by refusing or deliberately omitting to afford the person access to them; or
(ii) by expelling the person from the establishment or subjecting him or her to any other detriment.
(2) Nothing in subsection (1) is to be construed as requiring the responsible body for an educational establishment—
(a) to modify for persons of any racial group arrangements of the establishment regarding holidays or medium of instruction; or
(b) to make different arrangements regarding holidays or medium of instruction for persons of any racial group.

27. Discrimination in provision of goods, facilities or services
(1) It is unlawful for any person (the first-mentioned person

28. Discrimination in disposal or management of premises
(1) It is unlawful for a person, in relation to premises in Hong Kong of which that person has power to dispose, to discriminate against another person—
(a) in the terms on which the person offers that other person the premises;
(b) by refusing the other person’s application for those premises; or
(c) in the person’s treatment of the other person in relation to any list of persons in need of the premises of that description.
(2) It is unlawful for a person, in relation to premises managed by that person, to discriminate against another person (the second-mentioned person

29. Discrimination: consent for assignment or sub-letting
(1) Where the licence or consent of a 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 discriminate against a person (assignee/sublettee

30. Exceptions for small dwellings
(1) Sections 27(1) and 28 do not apply to the provision by a person of accommodation in any premises, or the disposal of premises, by the person, if—
(a) that person or a near relative of that person (the relevant occupier