About Sexual Harassment Law in Central, Hong Kong
Sexual Harassment in Central, Hong Kong is governed under the Sex Discrimination Ordinance (SDO). This legislation prohibits certain behaviours identified as sexual harassment in different scenarios, such as in the workplace, during the provision of goods, facilities or services, or in the disposal or management of premises. It includes unwelcome sexual advances, requests for sexual favours, and other verbal or physical conduct of a sexual nature.
Why You May Need a Lawyer
If you have been sexually harassed, a lawyer can provide invaluable support and representation for your case. This may include filing a formal complaint, negotiating settlements, or representing you in court, if necessary. They will guide you through the legal complexities of the SDO, ensuring the procedure is carried out correctly and that you are aware of your rights and obligations. Similarly, if you are falsely accused of sexual harassment, a lawyer can help clarify the situation and protect your rights.
Local Laws Overview
The local laws regarding sexual harassment in Central, Hong Kong, as mentioned, is covered under the SDO. The ordinance defines sexual harassment as any unwelcome conduct of a sexual nature, in circumstances where a reasonable person would anticipate that the victim would be offended, humiliated, or intimidated. It includes person-to-person harassment and can also cover harassment through electronic methods like emails, text messages, or social media. It is important to note that both the victim and the harasser can be of any gender, and it can occur in both public and private situations.
Frequently Asked Questions
What Constitutes Sexual Harassment in Hong Kong?
Sexual harassment can be any unwanted behavior of a sexual nature that makes a person feel uncomfortable, insulted or threatened. This behavior can range from comments and humorous messages through e-mails or text messages, to physical contact or sexual assault.
What Should I Do If I'm Sexually Harassed?
If you are sexually harassed, it's crucial to report the behaviour to the appropriate authority - such as your supervisor, HR representative, or even the police, depending on the situation. Additionally, you may wish to consult with a lawyer for advice on your specific situation and how best to proceed.
Are There Any Time Limits for Making a Complaint?
Under the SDO, a sex discrimination complaint must usually be made within 12 months of the discrimination taking place or coming to light.
Can I Make a Complaint If the Harasser Is the Same Sex as Me?
Yes, the SDO covers sexual harassment incidents where both the victim and the harasser are of the same gender.
What Can the Equal Opportunities Commission (EOC) Do?
The EOC can provide assistance by providing legal information and advice, conducting investigation, conciliation, and may provide legal assistance including representation in court.
Additional Resources
The Equal Opportunities Commission (EOC) is a statutory body that works towards the elimination of discrimination and harassment. They offer resources and assistance for sexual harassment victims. Varying non-governmental organizations also provide support and counselling services for victims of sexual harassment.
Next Steps
If you believe you've been sexually harassed, consult with a lawyer or legal advisor who specializes in human rights or employment law in Hong Kong. Gather and document all relevant information about the incident(s), including dates, locations, and any possible witnesses. Contact the EOC or any relevant NGOs as you see fit.
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