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| Chapter: |
480 |
Title: |
SEX DISCRIMINATION ORDINANCE |
Gazette Number: |
2 of 2003
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| Section: |
35 |
Heading: |
Discrimination in eligibility to vote for and to be elected or appointed to advisory bodies |
Version Date: |
01/10/2003 |
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Advisory bodies
(1) In this section, a reference to a relevant body means a public body, a public authority, a statutory advisory body, or a prescribed body.
(2) In this section, a reference to a relevant position includes membership of a public body, a public authority, and a prescribed position, and the positions of Village Representative or member or office-holder of a Rural Committee within the meaning of the Heung Yee Kuk Ordinance (Cap 1097).
(3) It is unlawful for a person to discriminate against another person in-
(a) determining the eligibility of a person to stand for election to a relevant body or relevant position, or to be selected for a relevant position;
(b) the terms or conditions on which a person is considered eligible to stand for election to a relevant body or relevant position, or to be selected for a relevant position;
(c) determining the eligibility of a person to vote in elections of members of a relevant body or the holder of a relevant position, or to take part in the selection of the holder of a relevant position;
(d) the terms or conditions on which a person is considered eligible to vote in elections of members of a relevant body or the holder of a relevant position, or to take part in the selection of the holder of a relevant position;
(e) considering whether a person should be appointed as a member of a relevant body, where some or all of the members of that body are appointed; or
(f) considering whether a person should be appointed to a relevant position, approved as a member of a relevant body or recognized as holding a relevant position.
(4) This section shall have effect, notwithstanding the provisions of any Ordinance which provide that a person of a particular sex or marital status is not eligible to stand for election, or to be select for, a relevant body or position, or to vote in elections for or to take part in the selection of members of a relevant body or the holder of a relevant position.
(5) Notwithstanding anything in the Heung Yee Kuk Ordinance (Cap 1097) or in any other Ordinance, the Secretary for Home Affairs shall not-
(a) (Repealed 2 of 2003 s. 68)
(b) issue a certificate recognizing a body as a Rural Committee;
(c) approve a person as a Special or Co-opted Councillor,
where that person or body (or any of its members) has been elected or otherwise chosen by a procedure in which women have not been able to participate on equal terms with men, whether as candidates, nominees, electors or in some other relevant capacity.
(Enacted 1995) |
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