Following are a question of the Hon Paul Tse and you will good created reply from the Assistant to have Constitutional and you may Mainland Factors, Mr Raymond Tam, throughout the Legislative Council now (Can get cuatro):

Recently, the new Equivalent Opportunities Fee (EOC) instituted courtroom procedures with respect to a guy resistant to the proprietor away from an amusement venue in Intercourse Discrimination Ordinance (Cover. 480) (SDO), alleging that Ў§ladiesЎ¦ nightsЎЁ (i.elizabeth. billing male people a high admission fee than one to to have lady customers) given by you to activities venue was discriminatory on to the floor off sex. The newest judge influenced in favour of EOC. This has been reported that an old Director from Societal Prosecutions realized that should the authorities worried skip a wise practice and you can wisdom whenever implementing SDO, and you may waste time with the such as for example kind of frivolous lawsuits, this may alternatively trigger people in individuals feeling SDO repulsive. The fresh new drive reports plus pointed out that the fresh Chairperson away from EOC once ideal activity venues establishing Ў§gentlemenЎ¦s nightsЎЁ (we.age. billing women consumers increased admission payment than one to own male customers) at the same time so you’re able to Ў§balanceЎЁ the new concessions for males and you can ladies. A representative of your Hong kong Club & Pub Organization provides noticed that on the light of the aforesaid view and idea, entertainment venues may be coerced into offering gentlemenЎ¦s night albeit losings-making, to avoid breaking regulations unwittingly. Within this union, will government entities improve so it Council:

(1) since the the guy alarmed on the aforesaid circumstances reportedly lodged the complaint having EOC just since the he had been let down with the small quantity of female people keen on one to amusement place of the ladiesЎ¦ evening, hence giving ladiesЎ¦ night simply a marketing gimmick out of enjoyment spots, perhaps the Authorities tend to, about light of your own comments from the aforementioned previous Manager from Public Prosecutions, thought using the effort to look for clarifications with EOC or pursuing the upon brand new aforesaid instance of the other suitable setting, in order to make they obvious if SDOЎ¦s totally new purpose covers, and you will if SDO might be used on, ladiesЎ¦ night or other similar advertising and marketing gimmicks, i.age. the offering out-of concessions mainly for generating goods and services;

(2) whether or not the Trade and you may Monetary Creativity Agency (CEDB) commonly assess and you will request the new bar trading for profitable site the drawback suffered by the bar trading, especially those pubs situated in towns visited from the tourists (and additionally Lockhart Street, Lan Kwai Fong and you can Knutsford Terrace) considering the aforementioned view; if or not CEDB has assessed the new has an effect on towards the club trading in the event the pubs was coerced to the giving gentlemenЎ¦s evening or terminate ladiesЎ¦ night even though this get really works facing their monetary passion;

(3) because the the fresh aforesaid case provides contributed to issues raised from the quite a lot of company operators of different deals that advertising gimmicks popular because of the him or her (e.g. concessions to own MotherЎ¦s Day lay ingredients given by restaurants and more charges charged from the hair and you can charm salons for men and women customers) may be regarded as discriminatory on the ground out-of gender, and so presenting them to the possibility of legal actions, of your own rules and you will procedures put in place by the Regulators and you will EOC to help you ease the newest concerns of the company market;

(4) whether or not the bodies have a tendency to recommend EOC to attract right up advice for this new trades worried to explain one until a business driver possess an intention that’s unreasonable or involves intercourse discrimination disproportionate to help you product sales and you may marketing and advertising operate, EOC generally cannot institute court legal proceeding below SDO against any business means and advertisements gimmicks hence mainly aim within getting concessions; if they tend to, of the facts; otherwise, the reasons for this; and

(5) if this understands in the event the EOC, when in future considering whether or not to institute judge legal proceeding up against a beneficial business operator for a complainant, makes mention of statements by the aforementioned previous Movie director out-of Societal Prosecutions and present so much more reference to sound judgment and wisdom to make sure that EOC might possibly be faster subject to allegations of overcorrecting, pretending frivolously otherwise doing something for the sake of doing it?

Within the consultation towards the Equivalent Potential Commission (EOC) and you can associated divisions, we need to respond to the question increased of the Hon Tse the following.

480). It’s accountable for using this new four current anti-discrimination ordinances, and works separately according to the characteristics and you can energies stipulated from the such ordinances. The us government cannot restrict this new everyday businesses of the EOC.

It’s unlawful when it comes down to people concerned about the brand new provision (for payment or not) of products, organization or services with the societal or an area of the societal to discriminate up against a woman exactly who seeks to obtain or explore people products, institution or functions ЎV

(b) by the declining or deliberately omitting to incorporate the lady with products, business or characteristics of for example high quality, on the instance manner as well as on such like words as the are normal in his circumstances about male people in the fresh new social or (in which she falls under a region of the societal) so you’re able to male people in one part (Note).

Generally, a great differential procedures throughout the supply of goods, facilities otherwise services arising entirely away from a good customerЎ¦s sex could be illegal

Section twenty eight(1) of your own SDO can be applied to providers of products, organization or properties, as well as pubs, catering features, dinner, etcetera. Currently, regulations will not provide for one exemptions to possess organization venture and you can product sales behaviors.

With regards to the EOC, if or not just one situation carry out make-up discrimination according to the relevant Regulation relies on the main points of situation.

Since court procedures of the circumstances referred to by question have not been ended yet, it’s inappropriate to your Government and work out comments. Nevertheless, given that members of the city features conveyed concern across the ramifications of one’s instance, we are going to receive the fresh EOC to adopt, pursuing the case features finished, looking at the utilization of the appropriate specifications and you will, if required, and work out suggestions for the Government.

Note: Section six of SDO stipulates that the significantly more than conditions related to gender discrimination will be equally relevant so you’re able to treatments for people and lady