Originally published July 18, 2011

Keywords: EOC, disability discrimination, revised code of practice, Disability Discrimination Ordinance, DDO

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 ( http://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

Learn more about our Hong Kong office and Employment & Benefits practice.

Visit us at www.mayerbrown.com

Mayer Brown is a global legal services organization comprising legal practices that are separate entities (the Mayer Brown Practices). The Mayer Brown Practices are: Mayer Brown LLP, a limited liability partnership established in the United States; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales; Mayer Brown JSM, a Hong Kong partnership, and its associated entities in Asia; and Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. "Mayer Brown" and the Mayer Brown logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions.

© Copyright 2011. The Mayer Brown Practices. All rights reserved.

This article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein. Please also read the JSM legal publications Disclaimer.