Employment
(including partnerships, trade union memberships, vocational training, etc)
Access to and disposal and management of premises
(premises are places that can be accessed by members of public)
Practicing as barrister
(any offer of pupillage and training provided to barristers)
Provision of goods, services and facilities
Clubs and sporting activities
Q1: Can hospitals, clinics, or nursing homes refuse to treat me or deny my admission because I am HIV positive or have AIDS?
Hospitals or clinics cannot refuse to treat you based on your HIV status or because you have AIDS, and nursing homes cannot deny your admission for the same reason, unless they can prove that providing treatment to you or admitting you would cause them unjustifiable hardship.
However, such situations are unlikely to occur under normal circumstances. If a hospital, clinic, or nursing home refuses to treat you or admit you based on your HIV status or because you have AIDS, it may violate the Disability Discrimination Ordinance (Chapter 487 of the laws of Hong Kong). In such case, you can seek advice or file a complaint with the relevant government agencies or the Equal Opportunities Commission (“EOC”).
Q2: Can employers require job applicants to undergo HIV antibody testing?
Employers can legally require job applicants to provide health information under the following circumstances to prove that the applicant:
(a) does not have an infectious disease as specified under the Disability Discrimination Ordinance (referring to any disease specified under the Prevention and Control of Disease Ordinance (Chapter 599 of the laws of Hong Kong) and any communicable disease announced by the Director of Health in the Hong Kong Government Gazette; the Disability Discrimination Ordinance explicitly states that testing positive for HIV or having AIDS does not constitute having an infectious disease under the ordinance);
(b) will be able to carry out the inherent requirements of the employment; or
(c) will require special services or facilities to carry out the inherent requirements of the employment.
If you are asked to undergo an HIV antibody test and you believe the request is not based on the abovementioned reasons, you can refuse the test. If the employer insists, you can seek advice or file a complaint with the EOC.
Q3: Can my employer dismiss me due to my HIV status?
Generally speaking, if an employer takes reasonably necessary measures to protect public health, such measures are not illegal even if they discriminate against employees with infectious diseases. However, the Disability Discrimination Ordinance specifically states that testing positive for HIV or having AIDS does not constitute having an infectious disease under the ordinance.
It is illegal for your employer to dismiss you solely because of your HIV status. According to the law, an employer must first determine whether the employee is able to carry out the inherent requirements of the employment. If not, the employer is obligated to provide special services or facilities to help the employee meet those requirements, provided that doing so will not impose an unjustifiable hardship on the employer.
Q4: Do I need to disclose or prove my HIV status before filing a complaint?
No. You only need to point out that the discriminator discriminated against you based on their belief or suspicion that you are infected with HIV.
