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In Quarry Bay, Hong Kong, sexual harassment is defined as any unwelcome sexual advance, request for sexual favors, or other verbal or physical conduct of a sexual nature that interferes with an individual's work performance or creates an intimidating, hostile, or offensive work environment. This extends to a wide range of scenarios, which include harassment in the workplace, educational institutions, and public places. The Sex Discrimination Ordinance (SDO) is the principal statute in place that protects individuals from such acts in Hong Kong.
Sexual harassment cases can be complex and emotionally draining. You may require a lawyer to help you understand your legal rights, negotiate or argue on your behalf, and guide you through the legal process. This may be necessary if you have suffered serious harm or repercussions in your job or personal life due to harassment, or are being wrongfully accused of sexual harassment. A qualified attorney can help ensure your rights are protected and appropriate reparation is delivered.
The primary provision for sexual harassment in Quarry Bay, Hong Kong lies under the Sex Discrimination Ordinance (SDO). Under this law, sexual harassment is deemed unlawful in different scenarios including workplaces, educational establishments, goods, services, facilities and accommodations provisions. It protects both males and females from such behavior, regardless of the victim's or the harasser's sexual orientation. The Equal Opportunities Commission (EOC) in Hong Kong is known to enforce these laws more vigorously than before.
Unwanted sexual behavior such as making obscene jokes, disturbing comments, showing explicit content, or physical offenses such as forcing physical contact or sexual assault are considered sexual harassment. This behavior becomes illegal when it interferes with your work, creates a hostile environment, or is being used as a basis for employment decisions (quid pro quo).
If you believe you've been sexually harassed, you should file a formal complaint with your employer (if the incident took place at work) and also with the Equal Opportunities Commission (EOC) in Hong Kong.
Under the SDO, any claim should be lodged within a period of 12 months from the date the harassment occurred. In exceptional circumstances, this can be extended by the District Court.
No, the SDO also protects you from victimization, which includes dismissal, demotion or ill treatment for filing a complaint or standing as a witness in these cases.
The court can award you compensation for injury to feelings, personal injury (including psychological injury), and loss of earnings, among others, if you win the case.
The Equal Opportunities Commission (EOC) and the Labor Department are the key government bodies dealing with sexual harassment issues in Hong Kong. Nonprofit organizations like RainLily and the #Metoo movement are also available for support. In addition, individuals can seek guidance from the Service for the Prevention of Sexual Harassment and Sexual Violence at the Hong Kong University.
If you are in need of legal assistance due to sexual harassment, the first step is to seek legal advice from a qualified attorney or organization. Document the incidents and gather any proof or witnesses if possible. Report the incident to your employer or the respective authority within the timeframe stipulated by the law. Find emotional and psychological support during this difficult period, and make sure you stay safe at all times.
