The EOC has recently received a number of complaints related to an episode of our TV docu-drama jointly developed with Radio Television Hong Kong (RTHK), “A Mission for Equal Opportunities”, which was broadcast on 27 April 2011. The episode featured a male supervisor sexually harassing his male subordinate. Some members from the LGBT community felt offended by this portrayal, and considered that it wrongly depicted people who are often victims as aggressors.

Although the EOC’s intention for this episode was to highlight the issue of sexual harassment in the workplace, we fully understand the sentiment felt by the complainants on the inappropriate characterization in this particular instance. 

In producing the docu-drama, the EOC has traditionally, out of respect for the RTHK’s production independence, confined our role to providing the RTHK producers with case information and other advice as necessary. Under our current arrangement with RTHK, the EOC neither receives the script nor vets the episode prior to its broadcast. We have little creative control over the final product, and we do not micro-manage their production.

However, after each series, the EOC does discuss with the RTHK on the feedback we receive and how future episodes may be improved. We fully intend to follow up on the concerns raised on this issue to ensure that such an oversight does not recur.

The EOC is aware that many in the LGBT community have suffered a great deal of discrimination and hardship in their daily lives on the basis of their sexual orientation or gender. We have always been supportive of the LGBT community’s right to non-discrimination, and have consistently backed calls for legislation for the equal protection of this group. The EOC has also been meeting regularly with LGBT groups to support their activities and fight for their equal rights.

Moreover, the EOC is deeply mindful of our responsibility to ensure that our message of equal opportunity for all is sensibly communicated to the public. We take ultimate responsibility for the mistake and sincerely apologise for it. The EOC greatly appreciates the concerns voiced to us on this issue, and will continue to liaise with the LGBT community to explore how we can work together more effectively. 

Lately, we in Hong Kong have seen continuing developments in the media which have sparked off a heated public debate regarding, how women are portrayed in our society. Equality of, and respect for both genders, is one of the cornerstones of our work at the Commission, and we have promoted this concept in the education field, training for the employment sector, as well as in prime time TV programmes, on our website and a number of major publicity campaigns. 

Out of this current debate, perhaps one of the more perplexing questions for a lot of people, is sexual harassment. What exactly constitutes sexual harassment?

In very simple terms, it is unwelcome behaviour of a sexual nature, which can be verbal or non-verbal. You might ask, who decides what is "unwelcomed"? This assessment is based on relevant circumstances in which a reasonable person would feel intimidated or offended. The harasser could make an unwelcome sexual advance, such as physical contact, or sometimes it could take the form of an unwelcome request for a sexual favour. In practical terms; the trigger point is the subjective feeling of the victim, who feels that she or sometimes he, has been offended, humiliated or intimidated.

Sexual harassment can take place between a man and a woman, between women and between men. It can also happen in a group, when several people are engaged in conduct of a sexual nature which creates a sexually hostile or intimidating working environment. Complaints lodged with the EOC have included sexually explicit jokes told by male colleagues or supervisors in an office, which some female staff would find intimidating. An otherwise innocuous comment, e.g. about a woman's appearance, or even the way she dresses, could be offensive if the utterance, coupled with relevant circumstance, such as the place and manner of speech, could result in the creation of a sexually hostile environment.

Click here for "Preventing and dealing with sexual harassment" 

The EOC welcomes the Convention on the Rights of Persons with Disabilities which is in force since 31 August 2008. It sets out international human rights standards for all persons with disabilities in the world. It views persons with disabilities as having legal rights and protects them from discrimination. It requires States, the private sector and others to take on the responsibility of respecting, protecting and fulfilling those rights. It also promotes international cooperation towards development and humanitarian assistance.

The Convention, seeks to produce a paradigm shift in dealing with disability rights from a welfare and charity based approach to a rights based model for the world's estimated 650 million persons with disabilities. The EOC believes that the convention is a great step forward for persons with disabilities, as the Convention prohibits disability discrimination in all areas of life, including civil rights, access to justice and the right to education, health services and access to transportation.