- (i) is or is not an indigenous inhabitant of the New Territories; or
- (ii) is or is not a person who was in 1898 a resident of an established village in Hong Kong or a person descended through the male line from such person;
- (b) that the person—
- (i) is or is not a Hong Kong permanent resident;
- (ii) has or has not the right of abode or the right to land in Hong Kong;
- (iii) is or is not subject to any restriction or condition of stay imposed under the Immigration Ordinance (Cap. 115); or
- (iv) has or has not been given the permission to land or remain in Hong Kong under the Immigration Ordinance (Cap. 115);
- (c) the length of residence in Hong Kong of the person; or
- (d) the nationality, citizenship or resident status of the person under the law of any country or place concerning nationality, citizenship, resident status or naturalization of or in that country or place.
(4) The fact that a racial group comprises 2 or more distinct racial groups does not prevent it from constituting a particular racial group for the purposes of this Ordinance.
(5) A comparison under section 4(1) of the case of a person of a particular racial group with that of a person not of that group must be such that the relevant circumstances in the one case are the same, or not materially different, in the other.
(6) A comparison under section 5 of the case of a person having a near relative who is of a particular racial group with that of a person not having a near relative who is of that group must be such that the relevant circumstances in the one case are the same, or not materially different, in the other.
9. Act done for racial and other reason
If—
- (a) an act is done for 2 or more reasons; and
- (b) one of the reasons is the race of a person (whether or not it is the dominant reason or a substantial reason for doing the act),
then, for the purposes of this Ordinance, the act is taken to be done for the reason of the race of the person.
