CRPD.C.CHN.Q.1.Add.1_en (1).doc

The diploma awarded by the hong kong examination and

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The diploma awarded by the Hong Kong Examination and Assessment 52
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Authority (HKEAA) is the same as those for ordinary school students. For those special school students pursuing the adapted curriculum for children with intellectual disability, they do not sit for public examinations and are not awarded diplomas or qualifications by the HKEAA. 11. Please provide additional information on the definition of the “unjustifiable hardship” that a school can invoke not to accommodate a pupil/student with disabilities. Please provide established objective criteria used for this assessment (ibid., para. 24.3). 11.1 As stated in paragraph 24.3 of the Report, under the Disability Discrimination Ordinance (Cap. 487) (“DDO”) it is unlawful for an educational establishment to discriminate against a person with a disability unless that person would require services or facilities not required by students without disability and the provision of such services or facilities would impose unjustifiable hardship on the education establishment (section 24(4) of the DDO refers). The burden of proof is on the educational establishment to establish the defence of unjustifiable hardship. 11.2 The term “unjustifiable hardship” is not defined in the DDO. However, section 4 of the DDO provides that – “For the purposes of this Ordinance, in determining what constitutes unjustifiable hardship, all relevant circumstances of the particular case are to be taken into account including- (a) the reasonableness of any accommodation to be made available to a person with a disability; (b) the nature of the benefit or detriment likely to accrue or be suffered by any persons concerned; (c) the effect of the disability of a person concerned; and (d) the financial circumstances of and the estimated amount of expenditure (including recurrent expenditure) required to be made by the person claiming unjustifiable hardship.” 11.3 Under section 65(1)(a) of the DDO, EOC may issue codes of practice containing such practical guidance as it thinks fit for the purpose 53
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of elimination of discrimination. Pursuant to section 65(13), any such code of practice is admissible in evidence in any proceedings under the DDO before any court, and if any provision of such a code is relevant to any question arising in the proceedings it shall be taken into account in determining that question. 11.4 The EOC has published the Disability Discrimination Ordinance Code of Practice on Education (“Code of Practice”) in July 2001 1 . Paragraph 12.3 of the Code of Practice explaining the term “unjustifiable hardship” is extracted below – 12.3 Unjustifiable Hardship 12.3.1 the DDO makes it unlawful for educational establishments to discriminate against a person with a disability. However, the DDO exempts educational establishments from liability in cases where there would otherwise be an unjustifiable hardship.
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