Page:Race Discrimination Ordinance (Cap. 602).pdf/61

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RACE DISCRIMINATION ORDINANCE
Ord. No. 29 of 2008
A1323


(4) If it appears to the Commission—

(a) that a person has done an act which by virtue of section 42, 43 or 44 was unlawful; and
(b) that unless restrained the person is likely to do further acts which by virtue of that section are unlawful,

the Commission may apply to the District Court for an injunction restraining the person from doing so; and the District Court, if satisfied that the application is well-founded, may grant the injunction in the terms applied for or in more limited terms.

(5) Without prejudice to subsection (4), if it appears to the Commission that a person has done an act which was unlawful by virtue of section 42, the Commission may apply to the District Court for an order imposing a financial penalty on such person; and the District Court, if satisfied that the application is well-founded, may make such an order.

(6) The financial penalty imposed under subsection (5) shall not exceed $10,000 for the first occasion on which a penalty is imposed, and $30,000 for the second and any subsequent occasion on which a penalty is imposed in respect of that person.

Help for persons suffering discrimination, harassment or vilification

77. Help for aggrieved persons in obtaining information, etc.

(1) With a view to helping a person (“the person aggrieved”) who considers he or she may have been discriminated against or harassed in contravention of this Ordinance, or the subject of an unlawful act under section 45—

(a) to decide whether to institute proceedings; and
(b) if the person does so, to formulate and present his or her case in the most effective manner,

the Commission may prescribe—

(c) forms by which the person aggrieved may question the respondent on the respondent’s reasons for doing any relevant act, or on any other matter which is or may be relevant; and
(d) forms by which the respondent may if he or she so wishes reply to any questions.

(2) Where the person aggrieved questions the respondent (whether or not in accordance with a form referred to in subsection (1))—