Page:Race Discrimination Ordinance (Cap. 602).pdf/19

(b) amend subsection (8) by substituting another anniversary for the anniversary appearing in that subsection.

11. Exception for genuine occupational qualification

(1) In relation to discrimination falling within section 4—

(a) section 10(1)(a) and (c) does not apply to any employment where being of a particular racial group is a genuine occupational qualification for the job; and

(b) section 10(2)(b) does not apply to opportunities for promotion or transfer to, or training for, such employment.

(2) Being of a particular racial group is a genuine occupational qualification only where—

(a) the job involves participation in a dramatic performance or other entertainment in a capacity for which a person of that racial group is required for reasons of authenticity;

(b) the job involves participation as an artist’s or photographic model in the production of a work of art, visual images or sequence of visual images for which a person of that racial group is required for reasons of authenticity;

(c) the job involves working in a place where food or drink is (for payment or not) provided to and consumed by members of the public or a section of the public in a particular setting for which, in that job, a person of that racial group is required for reasons of authenticity;

(d) the holder of the job provides persons of that racial group with personal services promoting their welfare, and those services can most effectively be provided by a person of that racial group; or

(e) the job involves providing persons of that racial group with personal services of such nature or in such circumstances as to require familiarity with the language, culture and customs of and sensitivity to the needs of that racial group, and those services can most effectively be provided by a person of that racial group.

12. Exception for employment intended to provide training in skills to be exercised outside Hong Kong

Without prejudice to section 8(2) and (3), nothing in section 10 renders unlawful any act done by an employer for the benefit of a person not ordinarily resident in Hong Kong in or in connection with employing the