Committee Against Sexual Harassment - Legal Definition of Sexual Harassment

Legal Definition of Sexual Harassment

4)  According to Section 2(5) of the Sex Discrimination Ordinance (Cap. 480, LHK) (“the Ordinance”): 

A person (howsoever described) sexually harasses a woman if -
 
  (a)  
the person –  

    (i) makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to her; or
    (ii) engages in other unwelcome conduct of a sexual nature in relation to her,
       
    in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that she would be offended, humiliated or intimidated; or
       
  (b) the person, alone or together with other persons, engages in conduct of a sexual nature which creates a hostile or intimidating environment for her."
     
5) It should be noted that the Ordinance covers sexual harassment of both men and women, and the above definition shall have effect regarding sexual harassment of men with such modifications as are necessary. (Section 2(8) of the Ordinance)

6) Section 23 of the Ordinance further provides that various forms of sexual harassment in the field of employment are unlawful. This will cover a fellow staff member, a contract worker, a commission agent or any person who is seeking to be employed by the University.

7) Section 39 of the Ordinance applies specifically to educational establishments. In the context of the University, it is unlawful for an employee of the University to sexually harass a person who is a student or a prospective student of the University. Additionally, it is unlawful for a student or prospective student of the University to sexually harass any fellow student or prospective student of the University; or to sexually harass any staff of the University.

8) The full text of the Ordinance can be obtained at the Department of Justice's website www.legislation.gov.hk.