- (a) in the terms on which he or she allows the person to do that work;
- (b) by not allowing the person to do it or continue to do it;
- (c) in the way he or she affords the person access to any benefits, facilities or services, or by refusing or deliberately omitting to afford the person access to them; or
- (d) by subjecting the person to any other detriment.
(3) The principal does not contravene subsection (2)(b) by doing any act in relation to a person not of a particular racial group at a time when, if the work were to be done by a person taken into the principal’s employment, being of that racial group would be a genuine occupational qualification for the job.
(4) Subsection (2)(c) does not apply to benefits, facilities or services of any description if the principal is concerned with the provision (for payment or not) of benefits, facilities or services of that description to the public, or to a section of the public to which the person belongs, unless that provision differs in a material respect from the provision of the benefits, facilities or services by the principal to his or her commission agents.
Special cases
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.
Harassment
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”), in the case of a person employed by that first-mentioned person at an establishment in Hong Kong, to harass that other person.
