In Hong Kong, anti-discrimination in real estate is governed by a combination of statutory ordinances and the Estate Agents Authority (EAA) Code of Ethics. For candidates preparing for the Salesperson's Qualifying Examination (SQE), understanding these provisions is not just about passing a test; it is about mitigating the high risk of professional misconduct and civil liability. The core principle is simple: estate agents must provide services to all members of the public without discrimination based on protected characteristics.
Anti-discrimination laws in Hong Kong specifically prohibit discrimination in the disposal and management of premises. This means that an agent cannot refuse to show a property, provide different terms, or terminate a lease based on a person’s race, gender, disability, or family status. These rules apply to every stage of the real estate transaction, from initial advertising to the signing of the tenancy agreement or Sale and Purchase Agreement.
Official Source Check
The following official resources are the final authority on anti-discrimination laws and professional conduct in Hong Kong. Candidates should prioritize these over third-party summaries:
- Estate Agents Authority (EAA) Code of Ethics: https://www.eaa.org.hk/en-us/Compliance/Code-of-Ethics
- Equal Opportunities Commission (EOC) - Resource on Property Management: https://www.eoc.org.hk/en/discrimination-laws
- Hong Kong e-Legislation (Cap. 602 Race Discrimination Ordinance): https://www.elegislation.gov.hk/hk/cap602
- EAA Practice Circular No. 09-03 (CR) on Race Discrimination Ordinance: https://www.eaa.org.hk/en-us/Compliance/Practice-circulars/Detail/09-03-CR
Key Anti-Discrimination Ordinances in Hong Kong
While the United States uses the "Fair Housing Act," Hong Kong operates under four distinct ordinances managed by the Equal Opportunities Commission (EOC). These ordinances make it unlawful to discriminate in the provision of goods, facilities, services, and the disposal or management of premises.
1. Sex Discrimination Ordinance (SDO) - Cap. 480
The SDO protects individuals from discrimination based on sex, marital status, and pregnancy. In a real estate context, this prevents an agent or landlord from refusing a tenant because they are pregnant or because of their marital status.
2. Disability Discrimination Ordinance (DDO) - Cap. 487
The DDO protects persons with disabilities. It is unlawful to discriminate against a person with a disability (or their associate) in the rental or sale of property. This includes refusing to allow a guide dog in a "no-pets" building, as a guide dog is considered a disability aid, not a pet.
3. Family Status Discrimination Ordinance (FSDO) - Cap. 527
Family status refers to the status of having responsibility for the care of an immediate family member. An agent cannot refuse to rent a flat to a person because they have children or are caring for an elderly parent.
4. Race Discrimination Ordinance (RDO) - Cap. 602
The RDO prohibits discrimination, harassment, and vilification on the ground of race. Race includes color, descent, or national or ethnic origin. This is a high-focus area for the EAA, which has issued specific practice circulars to ensure agents do not follow discriminatory instructions from landlords (e.g., "I don't want tenants of X ethnicity").
Important Compliance Note: Following a client's discriminatory instruction is not a valid defense. If a landlord instructs an agent to discriminate, the agent must explain the law and decline the instruction. Failure to do so makes the agent personally liable for a breach of the Code of Ethics and the relevant Ordinance.
Comparison of Protected Grounds
| Ordinance | Main Protected Characteristics | Applicability to Real Estate |
|---|---|---|
| SDO | Sex, Pregnancy, Marital Status | Disposal/Management of premises |
| DDO | Physical, Mental, or Sensory Disabilities | Access to premises and facilities |
| FSDO | Responsibility for immediate family members | Refusal of tenancy based on children |
| RDO | Race, Color, National/Ethnic origin | Advertising and provision of agency services |
The EAA Code of Ethics: Paragraph 3.4.1
Beyond statutory law, the EAA enforces its own regulatory requirements. Paragraph 3.4.1 of the Code of Ethics states that estate agents and salespersons shall not, in the course of their practice, discriminate against any person on the ground of race, color, religion, sex, disability, family status, or any other grounds.
Note that the Code of Ethics includes "religion," which is not currently a stand-alone statutory ordinance under the EOC but is a regulatory requirement for licensees. Candidates should verify the exact wording of any new amendments on the EAA official website.
What Candidates and Licensees Get Wrong
- "I'm just following my client's orders": As mentioned, "agency" does not protect you from illegal acts. If a landlord refuses a tenant based on race, and you facilitate that refusal, you are liable for "aiding and abetting" discrimination.
- Direct vs. Indirect Discrimination: Candidates often forget Indirect Discrimination. This occurs when a requirement or condition is applied to everyone but has a disproportionate adverse impact on a protected group and cannot be justified. (e.g., Requiring a tenant to speak fluent Cantonese when it is not necessary for the tenancy).
- Exemptions for Small Dwellings: There are limited exemptions (e.g., when the landlord resides in the same small premises and shares facilities). However, the EAA exam usually tests the general rule of non-discrimination. Always check the specific criteria for "small dwellings" in the Ordinances if a question arises.
- Vicarious Liability: Licensed companies are generally liable for the discriminatory acts of their employees (salespersons) committed during the course of employment, unless the company can prove it took all reasonably practicable steps to prevent the act.
Practical Exam-Prep Takeaways
- Identify the Ground: In exam scenarios, first identify if the "refusal" is based on a protected characteristic (Race, Sex, Disability, Family Status).
- Look for "Aiding": Questions often ask about the agent's responsibility when a landlord is being discriminatory. The correct answer usually involves the agent's duty to refuse the instruction and act in accordance with the Code of Ethics.
- Terminology: Distinguish between "Harassment" (unwelcome conduct), "Vilification" (public incitement of hatred), and "Discrimination" (less favorable treatment).