Race Discrimination Bill – Part II – Section 4
(1) In any circumstances relevant for the purposes of any provision of this Ordinance, a person (“the discriminator”) discriminates against another erson if—
(a) on the ground of the race of that other person, the discriminator treats that other person less favourably than the discriminator reats or would treat other persons; or
(b) the discriminator applies to that other person a requirement or condition which the discriminator applies or would apply qually to persons not of the same racial group as that other person but—
(i) which is such that the proportion of persons of the same acial group as that other person who can comply with it is onsiderably smaller than the proportion of persons not of that racial group who can comply with it;
(ii) which the discriminator cannot show to be justifiable rrespective of the race of the person to whom it is applied; and
iii) which is to the detriment of the other person because that person cannot comply with it.
(2) For the purposes of subsection (1)(b)(ii), a requirement or condition is justifiable either—
(a) if it serves a legitimate objective and bears a rational and proportionate connection to the objective; or
(b) if it is not reasonably practicable for the person who allegedly discriminates against another person not to apply the requirement or condition.
(3) In determining for the purposes of subsection (2)(b) whether it is reasonably practicable for a person who allegedly discriminates against another person not to apply a requirement or condition, any relevant circumstances of the particular case may be taken into account including those referred to in subsection (4).
(4) The circumstances that may be taken into account include, but are not limited to—
(a) the nature of the benefit or detriment likely to accrue to or be suffered by, or the likely impact on, all persons concerned;
(b) an estimate of the proportion of persons likely to benefit out of all the persons concerned, if the requirement or condition is not applied;
(c) whether any activities of the person who allegedly discriminates against another person will be disrupted if the requirement or condition is not applied and, if so, the extent of the disruption; and
(d ) whether the person who allegedly discriminates against another person will need to provide additional services or facilities or incur additional expenditure (including recurrent expenditure), if the requirement or condition is not applied.(5) Nothing in subsection (3) or (4) is to be construed as requiring the person who allegedly discriminates against another person or any other person concerned to confer any benefit, suffer any detriment, provide any services or facilities or incur any expenditure which the person or that other person (as the case may be) is not otherwise required to confer, suffer, provide or incur.
(6) It is declared that, for the purposes of this Ordinance, segregating a person from other persons on the ground of the race of that person is treating that person less favourably than the other persons are treated.