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

44. Instructions to discriminate
It is unlawful for a person—
(a) who has authority over another person; or
(b) in accordance with whose wishes that other person is accustomed to act,
to instruct him to do any act which is unlawful by virtue of Part 3 or 4, or procure or attempt to procure the doing by him of any such act.
(Amended E.R. 1 of 2013)

45. Pressure to discriminate
(1) It is unlawful to induce, or attempt to induce, a person to do any act which contravenes Part 3 or 4 by—
(a) providing or offering to provide him with any benefit; or
(b) subjecting or threatening to subject him to any detriment.
(2) An offer or threat is not prevented from falling within subsection (1) because it is not made directly to the person concerned, if it is made in such a way that he is likely to hear of it.
(Amended E.R. 1 of 2013)

46. 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.

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

46A. Liability of persons engaging interns and volunteers
(1) This section applies for the purposes of section 23A.
(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. 21)

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

47. 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 46 (or would be so liable but for section 46(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 46A for an act done by the intern; or
(b) would be liable under section 46A for the act but for section 46A(4),
the intern is deemed to aid the doing of the act by that person. (Added 8 of 2020 s. 22)
(2B) For the purposes of subsection (1), if a person who engaged a volunteer—
(a) is liable under section 46A for an act done by the volunteer; or
(b) would be liable under section 46A for the act but for section 46A(7),
the volunteer is deemed to aid the doing of the act by that person. (Added 8 of 2020 s. 22)
(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.

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

48. Special measures
Nothing in Part 3, 4 or 5 shall render unlawful an act that is reasonably intended to—
(a) ensure that persons of a particular sex or marital status, or women who are pregnant or breastfeeding, have equal opportunities with other persons in circumstances in relation to which a provision is made by this Ordinance. (Amended 8 of 2020 s. 10)
(b) afford persons of a particular sex or marital status, or women who are pregnant or breastfeeding, goods or access to services, facilities or opportunities to meet their special needs in relation to— (Amended 8 of 2020 s. 10)
(i) employment, education, clubs or sport; or
(ii) the provision of premises, goods, services or facilities;
(c) afford persons of a particular sex or marital status, or women who are pregnant or breastfeeding, grants, benefits or programmes, whether direct or indirect, to meet their special needs in relation to— (Amended 8 of 2020 s. 10)
(i) employment, education, clubs or sport; or
(ii) the provision of premises, goods, services or facilities.
(Amended E.R. 1 of 2013)

49. 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 of one sex only (disregarding any benefits to persons of the opposite sex 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)

50. Sport, etc.
Nothing in Part 3, 4 or 5 shall, in relation to any sport, game or other activity of a competitive nature where the physical strength, stamina or physique of the average woman puts her at a disadvantage to the average man, render unlawful any act related to the participation of a person as a competitor in events involving that activity which are confined to competitors of one sex.
(Amended E.R. 1 of 2013)