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Legal Definition of Sexual Harassment and Examples |
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According to Section 2(5) of the Sex Discrimination Ordinance (Cap. 480, LHK) (“the Ordinance”):
“A person (howsoever described) sexually harasses a woman if -
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the person –
(i)
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makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to her; or |
(ii)
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engages in other unwelcome conduct of a sexual nature in relation to her,
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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 |
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the person, alone or together with other persons, engages in conduct of a sexual nature which creates a hostile or intimidating environment for her.” |
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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) |
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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. |
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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. |
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Sexual harassment includes unwelcome sexual advances, unwelcome requests for sexual favours and other conduct of a sexual nature including physical acts and verbal comments as a result of which a reasonable person would anticipate that the subject of attention would be offended, humiliated or intimidated. Any sex-related language, action or physical contact that is unwelcome may constitute sexual harassment. An intimidating, hostile or offensive working or learning environment will also constitute sexual harassment. Sexual harassment can be through spoken words, emails, letters, phone calls, or the like. Sexual harassment does not have to be intentional or aimed at any particular subject and may be explicit or implicit. Sexual harassment may occur between persons of the same sex or opposite sex. A single incident may be sufficient to constitute sexual harassment. |
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The following behaviour is illustrative of, but not limited to, what may be regarded as sexual harassment:
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Unwelcome sexual advances – e.g., persistent requests for dates, leering or lewd gestures, touching, grabbing or deliberately brushing up against another person. |
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Unwelcome requests for sexual favours (Misuse of authority) – e.g., explicit or implicit suggestions that sexual co-operation or the toleration of sexual advances may further a person's career or affect a person's academic results; |
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Unwelcome verbal, non-verbal or physical conduct of a sexual nature – e.g., sexually derogatory or stereotypical remarks; questioning regarding a person's marital status or sex life; and |
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Conduct of a sexual nature that creates a hostile or intimidating environment – e.g., sexual or obscene remarks around the workplace/classrooms/hostels or displaying sexist or other sexually offensive pictures or posters. |
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