Barristers
35. Discrimination by, or in relation to, barristers
(1) It is unlawful for a barrister or barrister’s clerk, in relation to any offer of a pupillage or a tenancy, to discriminate against a person—
- (a) in the arrangements which are made for the purpose of determining to whom it should be offered;
- (b) in respect of any terms on which it is offered; or
- (c) by refusing, or deliberately omitting, to offer it to that person.
(2) It is unlawful for a barrister or barrister’s clerk, in relation to a person who is a pupil or a tenant in the chambers concerned, to discriminate against that person—
- (a) in respect of any terms applicable to that person as a pupil or a tenant;
- (b) in the opportunities for training, or gaining experience, which are afforded or denied to that person;
- (c) in the benefits, facilities or services which are afforded or denied to that person; or
- (d) by terminating that person’s pupillage or by subjecting him or her to any pressure to leave the chambers or other detriment.
(3) It is unlawful for any person, in relation to the giving, withholding or acceptance of instructions to a barrister, to discriminate against a person.
(4) In this section—
“barrister’s clerk” (大律師書記) includes any person carrying out any of the functions of a barrister’s clerk;
“pupil” (見習大律師), “pupillage” (見習職位), “tenancy” (租賃) and “tenant” (承租人) have the meanings commonly associated with their use in the context of a set of barrister’s chambers.
Clubs
36. Discrimination by clubs
(1) It is unlawful for a club, the committee of management of a club or a member of the committee of management of a club to discriminate against a person who is not a member of the club—
- (a) by refusing or failing to accept the person’s application for membership; or
- (b) in the terms or conditions on which the club is prepared to admit the person to membership.
