- (a) the requirement is reasonable, having regard to the demands of, or associated with, the profession or trade concerned; or
- (b) without prejudice to paragraph (a), the authorization or qualification is one specified in Schedule 3.
(3) Where an authority or body is required by law to satisfy itself as to a person’s good character before conferring on the person an authorization or qualification which is needed for, or facilitates, the person’s engagement in any profession or trade then, without prejudice to any other duty to which it is subject, that requirement shall be taken to impose on the authority or body a duty to have regard to any evidence tending to show that the person, or any of his or her employees or agents (whether past or present), has—
- (a) practised unlawful discrimination;
- (b) engaged in unlawful harassment; or
- (c) engaged in acts which contravene section 45,
in, or in connection with, the carrying on of any profession or trade.
(4) Subsection (1) does not apply to discrimination which is rendered unlawful by section 26.
(5) In this section—
“authorization or qualification” (授權或資格) includes recognition, licensing, registration, enrolment, approval and certification;
“confer” (授予) includes renew or extend.
20. Persons concerned with provision of vocational training
(1) It is unlawful, in the case of a person (“the first-mentioned person”) seeking or undergoing training which would help to fit him or her for employment, for any person (“the second-mentioned person”) who provides, or makes arrangements for the provision of, facilities for such training to discriminate against the first-mentioned person—
- (a) in the terms on which the second-mentioned person affords the first-mentioned person access to any training course or other facilities concerned with such training;
- (b) by refusing, or deliberately omitting to afford, the first-mentioned person such access;
- (c) by terminating the first-mentioned person’s training; or
- (d) by subjecting the first-mentioned person to any other detriment during the course of his or her training.
(2) Nothing in subsection (1) is to be construed as requiring a person who provides, or makes arrangements for the provision of, facilities for such training—
