(3) Subsection (1)(a) and (c) does not apply to a position as partner, where, if it were employment, being of a particular racial group would be a genuine occupational qualification for the job.
(4) Subject to subsection (5), subsection (1)(b) and (d) does not apply to provision in relation to death or retirement for a person made before the commencement date in so far as any such provision continues for that person on and after that date.
(5) Subsection (1)(b) and (d) applies to provision made in relation to retirement of the kind mentioned in subsection (4) in so far as, in its application to such provision, it renders it unlawful for a firm to discriminate against a person—
- (a) in such of the terms on which the firm offers the person a position as partner as provide for his or her expulsion from that position; or
- (b) by expelling the person from a position as partner or subjecting him or her to any detriment which results in his or her expulsion from such a position.
(6) In the case of a limited partnership, references in subsection (1) to a partner shall be construed as references to a general partner within the meaning of section 2(1) of the Limited Partnerships Ordinance (Cap. 37).
(7) The Chief Executive in Council may, by notice published in the Gazette, amend subsection (1) by—
- (a) substituting another number for the number appearing in that subsection; or
- (b) repealing the words and number appearing after “for a firm” and before “, in relation to”.
18. Organizations of workers or employers or professional or trade organizations, etc.
(1) This section applies to an organization of workers, an organization of employers, an organization of both workers and employers, or any other organization whose members carry on a particular profession or trade for the purposes of which the organization exists.
(2) It is unlawful for an organization to which this section applies, in the case of a person who is not a member of the organization, to discriminate against the person—
- (a) in the terms on which it is prepared to admit the person to membership; or
- (b) by refusing, or deliberately omitting to accept, the person’s application for membership.
