50. Charities
(1) Nothing in Part 3, 4 or 5—
- (a) is to be construed as affecting a provision to which this subsection applies; or
- (b) renders unlawful an act which is done in order to give effect to such a provision.
(2) Subsection (1) applies to a provision for conferring benefits on persons of a particular racial group (disregarding any benefits to persons of another racial group which are exceptional or relatively insignificant), being a provision which is contained in a charitable instrument.
(3) In applying this section—
“charitable instrument” (慈善文書) means an enactment or other instrument so far as it relates to charitable purposes;
“charitable purposes” (慈善目的) means purposes which are exclusively charitable according to any enactment or rule of law.
51. Discriminatory training by certain bodies
(1) Nothing in Part 3, 4 or 5 renders unlawful any act done in relation to particular work by any person in, or in connection with—
- (a) affording only persons of a particular racial group access to facilities for training which would help to fit them for that work; or
- (b) encouraging only persons of a particular racial group to take advantage of opportunities for doing that work,
where it reasonably appears to that person that at any time within the 12 months immediately preceding the doing of the act—
- (c) there were no persons of the racial group concerned doing that work in Hong Kong; or
- (d) the number of persons of that racial group doing the work in Hong Kong was comparatively small.
(2) Subsection (1) does not apply in relation to any discrimination that is rendered unlawful by section 10.
52. Discriminatory training by employers, organizations of workers or employers or professional or trade organizations, etc.
(1) Nothing in Part 3, 4 or 5 renders unlawful any act done by an employer in relation to a particular work in his or her employment at a particular establishment in Hong Kong, being an act done in, or in connection with—
