The revised Code of Practice on Employment (the "Code") under the Disability Discrimination Ordinance ("DDO") took effect on 3 June 2011 replacing the previous Code which was introduced in 1997.
Although the revised Code does not introduce any new legal requirement (indeed, it is not an authoritative statement of the law and does not create legal obligations), it has been amended to bring it up-to-date and to contain more practical examples and suggestions. Some of the examples are taken from actual cases that have occurred in the years since the previous Code was published; others are taken from enquiries and complaints the EOC has handled over the years. The Code has also been revised (e.g. at section 8.5) to include reference to the newly enacted Minimum Wage Ordinance (https://www.mayerbrown.com/publications/article.asp?id=11190&nid=6) where provision was made for the assessment of the statutory minimum wage applicable to disabled persons.
Although the Code itself is not legislation, section 65(13) of the DDO provides that the court may take into account the Code in determining any relevant question in disability discrimination proceedings. Therefore, employers should consider their obligations under the DDO in conjunction with the comments under the Code.
The full version of the revised Code can be found at:
http://www.eoc.org.hk/EOC/GraphicsFolder/cops1.aspx?cops_type=ddo
For inquiries related to this Legal Update, please contact:
Duncan Abate (duncan.abate@mayerbrown.com)
Hong Tran (hong.tran@mayerbrown.com)
Anita Lam (anita.lam@mayerbrown.com)
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January 052021