Cap. 336 sub. leg. G

District Court Equal Opportunities Rules(Cap. 336, sections 73B, 73C, 73D and 73E)(L.N. 464 of 1997) (Enacting provision omitted—E.R. 1 of 2015)[20 September 1996] L.N. 393 of 1996(Format changes—E.R. 1 of 2015) Part 1 Preliminary (L.N. 86 of 2014) 1. (Omitted as spent—E.R. 1 of 2015) 2. Interpretation In these Rules, unless the context otherwise requires—action (訴訟) includes a matter, and any part of an action or matter;claim (申索) includes part of a claim;claimant (申索人) means the person mentioned in rule 7(1); (L.N. 86 of 2014)Court (區域法院) has the meaning given by Order 1, rule 4(2) of the Rules of the District Court (Cap. 336 sub. leg. H); (L.N. 86 of 2014)notice in Form 1 (表格1通知書) means the notice of claim mentioned in rule 7(1)(a); (L.N. 86 of 2014)notice in Form 2 (表格2通知書) means the notice to the respondent mentioned in rule 8(1); (L.N. 86 of 2014)notice in Form 3 (表格3通知書) means the notice of response mentioned in rule 10(1)(a); (L.N. 86 of 2014)notice in Form 4 (表格4通知書) means the notice of request for further particulars mentioned in rule 9(1)(a) or 11(1)(a); (L.N. 86 of 2014)party (一方) means the claimant, the respondent or a person who is ordered under rule 12(1) to be joined in the proceeding under Part 2; (L.N. 86 of 2014)proceeding (法律程序) includes part of a proceeding;Register (登記冊) means the Equal Opportunities Register kept under rule 3(1);relevant Ordinance (有關條例) means—(a) the Sex Discrimination Ordinance (Cap. 480); (L.N. 464 of 1997) (b) the Disability Discrimination Ordinance (Cap. 487); (L.N. 464 of 1997; 29 of 2008 s. 89)(c) the Family Status Discrimination Ordinance (Cap. 527); or (L.N. 464 of 1997; 29 of 2008 s. 89)(d) the Race Discrimination Ordinance (Cap. 602); (29 of 2008 s. 89)respondent (答辯人) means the person against whom a claim under a relevant Ordinance is made in accordance with rule 7; (L.N. 86 of 2014)tribunal (審裁處) means the tribunal within the meaning of section 2 of the Labour Tribunal Ordinance (Cap. 25). 2A. Application to Government These Rules apply to any proceeding by or against the Government.(L.N. 86 of 2014) 3. Equal Opportunities Register (1) The Registrar shall cause to be kept a register—(a) called the Equal Opportunities Register; and(b) in such form as he thinks fit, or in such form as the Chief Justice may from time to time direct.(2) The Registrar shall cause the Register to be maintained by proper entries therein in relation to all actions and proceedings falling within the jurisdiction of the Court under each relevant Ordinance.(3) Every action or proceeding referred to in subrule (2) shall be numbered in each year according to the order in which it is commenced, and recorded in the Register accordingly. 4. Application of other rules (1) Subject to sections 73B(8), 73C(8), 73D(8) and 73E(8) of the Ordinance, the rules made under section 72 or 73 of the Ordinance apply to and in relation to the jurisdiction given to the Court by virtue of a relevant Ordinance.(2) In particular, the provisions of the Rules of the District Court (Cap. 336 sub. leg. H) (District Court Rules) made under section 72 of the Ordinance apply, with any necessary modifications, to and in relation to an action or proceeding falling within that jurisdiction to the extent of any matter for which no provision is made by Part 2.(3) However, the Court may direct that any provision of the District Court Rules made under section 72 of the Ordinance applies to and in relation to an action or proceeding falling within that jurisdiction as if Part 2 had not been enacted.(L.N. 86 of 2014) Editorial Note: This Rule was amended by section 6 of the District Court Equal Opportunities (Amendment) Rules 2014 (L.N. 86 of 2014), please see the transitional provisions contained in section 9 of that Amendment Rule. 5. Transfer of claim to tribunal (1) Where the Court determines in respect of any action listed in the Register (and whether or not the action has commenced) that the action is a claim—(a) beyond the jurisdiction of the Court under any relevant Ordinance; and(b) within the jurisdiction of the tribunal,then the Court shall order that the claim be transferred to the tribunal.(2) Where the Court transfers under subrule (1) a claim to the tribunal, the Registrar shall send to the registrar, within the meaning of section 2 of the Labour Tribunal Ordinance (Cap. 25), a certified copy of the entries in the Register, and the documents in his custody, relating to the claim. 6. Right of audience Without prejudice to the generality of section 15 of the Ordinance in so far as it relates to persons who may address the Court, any person acting for a party to an action within the jurisdiction of the Court under any relevant Ordinance may, in relation to that action, appear in, conduct, defend and address the Court in, any proceeding therein if the person—(a) is a member of the Commission, or a committee, within the meaning of section 2 of the Sex Discrimination Ordinance (Cap. 480);(b) is employed or engaged under section 64(2)(d), (e) or (f) of that Ordinance;(c) is an office bearer of a registered trade union, or of an association of employers, authorized in writing by the party to so act;(d) is an officer or servant of an unincorporated or incorporated company or a member of a partnership and that company or partnership, as the case may be, is the party;(e) is a carer, or an associate, within the meaning of section 2 of the Disability Discrimination Ordinance (Cap. 487), in respect of the party (including any case where the action is a claim under the Sex Discrimination Ordinance (Cap. 480)). Part 2 Equal Opportunities Proceeding (Part 2 added L.N. 86 of 2014) Division 1 Commencement and Forms 7. Making claim: notice in Form 1 (1) If a person wishes to make a claim under a relevant Ordinance, the person—(a) must file with the Court the notice of claim in Form 1 in the Appendix; and(b) must provide to the Court a copy of that notice in Form 1.(2) The notice in Form 1 must be sealed with the seal of the Court.(3) The notice in Form 1 must include—(a) a concise statement of—(i) the circumstances in which the claim is made;(ii) the remedy or relief that the person claims; and(iii) any question that the person wishes to have determined;(b) the person’s name and address; and(c) the name and address of the person against whom the claim is made. 8. Notifying respondent: notice in Form 2 (1) As soon as practicable after the notice in Form 1 is filed under rule 7(1)(a), the Court is to cause to be served on the respondent the notice to the respondent in Form 2 in the Appendix.(2) The notice in Form 2 must state—(a) that if the respondent wishes to oppose the claim, the respondent must respond to the claim in accordance with rule 10; and(b) that in default of response or of appearance at the hearing time and place set out in that notice in Form 2, the Court may make an order under rule 13 or 14.(3) The notice in Form 2 served under subrule (1) must be accompanied by a copy of the notice in Form 1. 9. Respondent’s request for further particulars: notice in Form 4 (1) If the respondent wishes to request the claimant for further particulars of the grounds on which the claim is made, the respondent—(a) must specify the questions as to which the respondent wishes to have information in the notice of request for further particulars in Form 4 in the Appendix; and(b) must, within 14 days after having been served with the notice in Form 2 accompanied by a copy of the notice in Form 1 under rule 8, or within any extended period that the Court may on application allow—(i) file with the Court the notice in Form 4; and(ii) serve on the claimant a copy of that notice in Form 4.(2) The claimant must, within 14 days after having been served with a copy of the notice in Form 4, or within any extended period that the Court may on application allow—(a) file with the Court a reply; and(b) serve on the respondent a copy of the reply.(3) If any request for further particulars made under subrule (1) appears to the Court to be unnecessary or vexatious, the Court—(a) may disallow, with costs, that request; and(b) may award against the respondent the costs of any reply to that request. 10. Respondent’s response: notice in Form 3 (1) If the respondent wishes to oppose the claim, the respondent must, within 28 days after having been served with the notice in Form 2 accompanied by a copy of the notice in Form 1 under rule 8, or within any extended period that the Court may on application allow—(a) file with the Court the notice of response in Form 3 in the Appendix; and(b) serve on the claimant a copy of that notice in Form 3.(2) The notice in Form 3 must include a concise statement of the extent and grounds of the opposition.(3) Unless the Court orders otherwise, a request for further particulars made by the respondent under rule 9(1) does not lengthen or shorten the period specified in subrule (1). 11. Claimant’s request for further particulars: notice in Form 4 (1) If the claimant wishes to request the respondent for further particulars of the grounds on which the claim is opposed, the claimant—(a) must specify the questions as to which the claimant wishes to have information in the notice of request for further particulars in Form 4 in the Appendix; and(b) must, within 14 days after having been served with a copy of the notice in Form 3 under rule 10(1)(b), or within any extended period that the Court may on application allow—(i) file with the Court the notice in Form 4; and(ii) serve on the respondent a copy of that notice in Form 4.(2) The respondent must, within 14 days after having been served with a copy of the notice in Form 4, or within any extended period that the Court may on application allow—(a) file with the Court a reply; and(b) serve on the claimant a copy of the reply.(3) If any request for further particulars made under subrule (1) appears to the Court to be unnecessary or vexatious, the Court—(a) may disallow, with costs, that request; and(b) may award against the claimant the costs of any reply to that request. Division 2 Proceeding after Commencement 12. Interested parties may be joined (1) On application of the claimant or respondent, or on its own motion, the Court may order a person appearing to the Court to be interested (interested person) to be joined in the proceeding under this Part.(2) The claimant or respondent who wishes to apply for the order—(a) must file with the Court a notice of application; and(b) must serve on the interested person a copy of the notice.(3) Unless the Court gives leave to the contrary, the copy of that notice must be served not less than 2 clear days before the hearing date set out in that notice. 13. Default of response (1) If no notice in Form 3 is filed by the respondent under rule 10(1)(a), the claimant—(a) may apply to the Court for an order against the respondent in terms of the claim and for costs; and(b) (where there is more than one respondent) may proceed with the proceeding against other respondents.(2) On application under subrule (1)(a), the Court may, with or without a hearing, make—(a) an order in favour of the claimant in terms of the application; or(b) any other order that the Court thinks just.(3) However, the Court may not make an order under subrule (2) if—(a) the Court is not satisfied that the respondent has been served with the notice in Form 2 accompanied by a copy of the notice in Form 1 under rule 8; or(b) before the order is to be made, the respondent has filed with the Court the notice in Form 3.(4) The Court may, on any term that it thinks fit, set aside or vary any order made under subrule (2). 14. Default of appearance (1) If no party appears at the time and place fixed for the hearing of the claim, the Court may by order strike out the claim for want of appearance.(2) If only 1 party appears at that hearing, the Court may proceed in any or all of the following ways—(a) hear the evidence and submission of that party;(b) on the application of that party, strike out the claim for want of appearance;(c) adjourn the hearing on any term that the Court thinks fit. 15. Discontinuance and withdrawal (1) The claimant—(a) may, without leave of the Court, discontinue the proceeding under this Part against the respondent, or withdraw any part of the proceeding, by—(i) filing with the Court a notice to that effect; and(ii) serving on the respondent a copy of the notice; and(b) (where there is more than one respondent) may proceed with the proceeding against other respondents.(2) The respondent may, within 14 days after having been served with a copy of that notice, or within any extended period that the Court may on application allow, apply to the Court for an order for costs.(3) Subject to sections 73B(3), 73C(3), 73D(3) and 73E(3) of the Ordinance, the Court may make any order for costs that it thinks fit. Division 3 Service of Process 16. Party’s name and address for service provided in first document A party must provide in the first document that the party files with the Court for the proceeding under this Part—(a) the party’s name; and(b) the party’s address for service for the proceeding, which must not be a post office box number. 17. Change of address for service A party may change the party’s address for service for the proceeding under this Part by—(a) filing with the Court a notice to that effect; and(b) serving on the other party a copy of the notice. 18. Manner of service (1) A document is taken to have been served for the proceeding under this Part on a person if the document—(a) is served on the person personally;(b) is sent to the person’s address for service for the proceeding—(i) (for the notice in Form 2 accompanied by a copy of the notice in Form 1) by registered post; or(ii) (for any other document) by ordinary post or registered post;(c) is enclosed in a sealed envelope addressed to the person and is inserted through any letter box at that address; or(d) is served in any other manner that the Court directs.(2) Where the person is represented by a solicitor, a document is also taken to have been served for the proceeding under this Part on a person if the document is delivered to or left for the solicitor, or sent by ordinary post addressed to the solicitor, at the solicitor’s place of business. 19. Time at which service by ordinary post is effected (1) This rule applies to a document that is taken to have been served for the proceeding under this Part on a person by ordinary post under rule 18(1)(b)(ii) or (2).(2) Unless the contrary is proved, the document is taken to have been served for the proceeding under this Part on the person at the time at which the document would be delivered in the ordinary course of post. 20. Substituted service If it appears to the Court that, after reasonable efforts, it has not been possible to serve on a person a document in such a way that the document would be taken to have been served on the person under rule 18, the Court—(a) may dispense with service on the person; and(b) may order substituted service in any form, whether by advertisement in a newspaper or otherwise, that the Court thinks fit. Division 4 Miscellaneous 21. Amendment of documents (1) On application of a party or on its own motion, the Court may order a party to amend, in the manner that the Court directs, a document filed or served by the party under this Part.(2) The order may be made on any term that the Court thinks just. 22. Failure to comply with this Part Unless the Court directs otherwise, a failure by a party to comply with this Part does not render the proceeding under this Part, or anything done pursuant to the proceeding, invalid. 23. Forms The forms contained in the Appendix may be used for the proceeding under this Part with any variations that the circumstances require.Appendix Forms Form 1(Rule 7(1)(a)) DCEO . / 20. IN THE DISTRICT COURT OF THEHONG KONG SPECIAL ADMINISTRATIVE REGIONEQUAL OPPORTUNITIES ACTION NO. .......................... OF 20....... Between Claimant AND Respondent Notice of Claim The Claimant applies for the remedies or reliefs set out in this claim. A. Details of claim 1. The Claimant claims that: [Describe here the unlawful act/acts the Claimant is complaining of. State whether the Claimant has previously filed any complaint with the Equal Opportunities Commission for any unlawful act/acts that is/are the same or substantially the same as the unlawful act/acts that is/are the subject of this claim.] B. Legislation 2. The Claimant claims that the [*act/acts] complained of [*is/are] unlawful under one or more of the following Ordinances: □ [*section/sections .of] the Sex Discrimination Ordinance (Cap. 480); □ [*section/sections . of] the Disability Discrimination Ordinance (Cap. 487); □ [*section/sections . of] the Family Status Discrimination Ordinance (Cap. 527); □ [*section/sections . of] the Race Discrimination Ordinance (Cap. 602). [State the relevant section/sections of the Ordinance/Ordinances if possible.] C. Remedies or reliefs claimed 3. The Claimant asks the Court to grant one or more of the following remedies or reliefs: □ a declaration that the Respondent has engaged in a conduct, or committed an act, that is unlawful under one or more of the following Ordinances: □ the Sex Discrimination Ordinance (Cap. 480); □ the Disability Discrimination Ordinance (Cap. 487); □ the Family Status Discrimination Ordinance (Cap. 527); □ the Race Discrimination Ordinance (Cap. 602), and an order that the Respondent must not repeat or continue the conduct or act; □ an order that the Respondent must perform the following reasonable act or course of conduct to redress any loss or damage suffered by the Claimant: ; [e.g. an apology from the Respondent] □ an order that the Respondent must employ or re-employ the Claimant; □ an order that the Respondent must promote the Claimant; □ an order that the Respondent must pay to the Claimant damages by way of compensation for any loss or damage suffered by reason of the Respondent’s conduct or act that is unlawful under one or more of the above-mentioned Ordinances; [If necessary, give details by way of statement of damages and give details of amount claimed and calculations (e.g. loss of income).] □ an order that the Respondent must pay to the Claimant punitive or exemplary damages; □ an order declaring void, in whole or in part, either from the beginning or from any date that may be specified in the order, any contract or agreement made in contravention of one or more of the above-mentioned Ordinances: .; [Specify here details of the relevant contract or agreement, and whether the contract or agreement is sought to be declared void in whole or in part, and if in part, which part.] □ [Specify here any other remedy or relief that the Claimant wishes to claim and the legislative provision under which it is claimed, or any relevant question that the Claimant wishes to have determined.] D. Claimant’s details and special requirements 4. The Claimant’s relationship with the Respondent is [e.g. employee / former employee / co-employee / customer] 5. The Claimant is [*18 years old or above / under 18 years old]. [*6. The Claimant’s first language is The Claimant requires an interpreter at the hearing in [Specify language.]] [*7. The Claimant has the following special requirements for the hearing: [Give details of the special requirements that enable the hearing of this matter to proceed in the Court (e.g. an anonymity order, a wheelchair access, a hearing loop, sign language interpreting services, the presence of personal assistant or carer).]] [*8. Details of representative: [Representative means the person who will act for the Claimant in appearing in, conducting, defending and addressing the Court in, any proceeding in the Court in relation to this claim. He or she may be a lawyer or a person who is not a lawyer but is an eligible person under rule 6 of the District Court Equal Opportunities Rules (Cap. 336 sub. leg. G). The details required include his or her name and role (e.g. a member of the Equal Opportunities Commission, an office bearer of a registered trade union, a carer or an associate of the Claimant).]] Date: . . Signed by [Name] [Insert capacity: Claimant / Solicitors acting for the Claimant] [Signed if this Notice of Claim is indorsed.] #This claim must be verified by a statement of truth in accordance with Order 41A of the Rules of the District Court (Cap. 336 sub. leg. H). THIS CLAIM was issued by of Solicitors for the Claimant, whose address is OR if the Claimant sues in person: THIS CLAIM was issued by the Claimant who resides at and (if the Claimant does not reside within the jurisdiction) whose address for service is THIS CLAIM was issued against the Respondent who resides at and (if the Respondent does not reside within the jurisdiction) whose address for service is * Delete words after asterisk in square brackets if inapplicable. # Please refer to Order 41A, rule 5(1) of the Rules of the District Court (Cap. 336 sub. leg. H) for the form of the statement of truth. An example is given below: “I believe / The Claimant believes that the facts stated in this Notice of Claim are true.”. __________Form 2(Rule 8(1)) DCEO . / 20 . IN THE DISTRICT COURT OF THEHONG KONG SPECIAL ADMINISTRATIVE REGIONEQUAL OPPORTUNITIES ACTION NO. .......................... OF 20....... Between Claimant AND Respondent Notice to Respondent To of [Name and address of the Respondent] TAKE NOTICE that, if you wish to oppose the claim of which a copy is served on you, you must file with this Court, within 28 days after the service of this notice on you, a written response to it containing a concise statement of the extent and grounds of your opposition and serve on the Claimant a copy of the written response. AND FURTHER TAKE NOTICE that . the . day of . 20. at . [*a.m./p.m.], or so soon after that time as the claim can be heard, at the . at . has been fixed as the time and place for the hearing of the claim and that in default of your filing with this Court within the above-mentioned period a written response as required in this notice, or of your appearing at the above-mentioned time and place fixed for the hearing of the claim, this Court may make an order under rule 13 or 14 of the District Court Equal Opportunities Rules (Cap. 336 sub. leg. G). Dated this . day of . 20. District Court * Delete words after asterisk in square brackets if inapplicable. __________Form 3(Rule 10(1)(a)) DCEO . / 20 . IN THE DISTRICT COURT OF THEHONG KONG SPECIAL ADMINISTRATIVE REGIONEQUAL OPPORTUNITIES ACTION NO. .......................... OF 20....... Between Claimant AND Respondent Notice of Response A. Details of response 1. For the Claimant’s claim, the details of the Respondent’s response are as follows: [State here whether the Respondent admits or denies the descriptions of the alleged unlawful act/acts the Claimant is complaining of. For denial, the Respondent must set out in full the grounds of denial.] B. Legislation 2. [The Respondent must state here whether the Ordinance/Ordinances referred to by the Claimant is/are not applicable to the Claimant’s claim.] C. Response to the remedies or reliefs claimed by the Claimant 3. [The Respondent must set out in full the grounds on which the remedies or reliefs are denied, or the grounds of rejecting any question to be determined.] D. Response to the Claimant’s details and special requirements 4. [The Respondent must respond in relation to the Claimant’s relationship with the Respondent and state the Respondent’s position in relation to the Claimant’s special requirements (if any).] Date: Signed by [Name] [Insert capacity: Respondent / Solicitors acting for the Respondent] [Signed if this Notice of Response is indorsed.] #This response must be verified by a statement of truth in accordance with Order 41A of the Rules of the District Court (Cap. 336 sub. leg. H). THIS RESPONSE was issued by of Solicitors for the Respondent, whose address is OR if the Respondent is acting in person: THIS RESPONSE was issued by the Respondent who resides at and (if the Respondent does not reside within the jurisdiction) whose address for service is # Please refer to Order 41A, rule 5(1) of the Rules of the District Court (Cap. 336 sub. leg. H) for the form of the statement of truth. An example is given below: “I believe / The Respondent believes that the facts stated in this Notice of Response are true.” . __________Form 4(Rules 9(1)(a) and 11(1)(a)) DCEO . / 20 . IN THE DISTRICT COURT OF THEHONG KONG SPECIAL ADMINISTRATIVE REGIONEQUAL OPPORTUNITIES ACTION NO. .......................... OF 20....... Between Claimant AND Respondent Notice of Request for Further Particulars To of [Name and address of the Claimant or Respondent, as may be appropriate] TAKE NOTICE that you are requested to reply to me in writing to the following questions: Dated this . day of . 20. [Signature and address of the person making the request] (L.N. 86 of 2014)