(1) Where the licence or consent of the landlord or of any other person ("the disposer") is required for the disposal to any person of premises in Hong Kong comprised in a tenancy, it is unlawful for the disposer to discriminate against another person with a disability by withholding the licence or consent for disposal of the premises to that other person.
(2) It is unlawful for the disposer to discriminate against another person with a disability-
(a) by evicting that other person from the premises occupied by that other person;
(b) by subjecting that other person to any other detriment in relation to the premises occupied by that other person; or
(c) by refusing to permit that other person to make reasonable alterations to the premises occupied by that person if-
(i) that other person has undertaken to restore the premises to their condition before alteration on leaving the premises;
(ii) in all the circumstances it is likely that that other person will perform the undertaking;
(iii) in all the circumstances, the action required to restore the premises to their condition before alteration is reasonably practicable;
(iv) the alteration is at that other person's own expense; and
(v) the alteration does not involve alteration of other premises occupied by any other person.
(3) Subsection (1) shall not apply-
(a) if-
(i) the disposer, or a near relative of his ("the relevant occupier") resides, and intends to continue to reside, on the premises;
(ii) there is on the premises, in addition to the accommodation occupied by the relevant occupier, accommodation (not being storage accommodation or means of access) shared by the relevant occupier with other persons residing on the premises who are not members of his household; and
(iii) the premises are small premises as construed in accordance with section 30(2); or
(b) to a disposer who discriminates against another person with a disability if the granting of the licence or consent for disposal of the premises by the disposer would impose unjustifiable hardship on the disposer.
(4) For the avoidance of doubt, it is hereby declared that this section applies to tenancies created before the enactment of this Ordinance as well as to tenancies created on or after the enactment of this Ordinance.
(5) In this section-
"disposal" (處置), in relation to premises comprised in a tenancy, includes assignment of the tenancy and sub-letting or parting with possession of the premises or any part of the premises;
"tenancy" (租賃) means a tenancy created-
(a) by a lease or sub-lease;
(b) by an agreement for a lease or sub-lease;
(c) by a tenancy agreement; or
(d) pursuant to any enactment.