According to the Sex Discrimination Ordinance (SDO), the legal definition of sexual harassment is:

1. any person
   a. makes unwelcome sexual advances, or an unwelcome request for sexual favours, to another person; or
   b. engages in other unwelcome conduct of a sexual nature in relation to that other person;
   
   in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that that other person would be offended, humiliated or intimidated; or
2. any person, either alone or together with other persons, engages in a conduct of a sexual nature which creates a hostile or intimidating environment for another person.

The provisions concerning sexual harassment outlined in the SDO apply to individuals of all genders, including men and women, as well as instances of sexual harassment between individuals of the same sex. Section 2(5) of the SDO defines sexual harassment while sections 2(7), 2(8), 9, 23 and 39 of the SDO are the related sections.

Interaction of a sexual nature, flirtation, attraction or friendship which is invited, mutual, consensual and reciprocated is not sexual harassment.

Sexual harassment can involve physical, visual, verbal or non-verbal conduct of a sexual nature which is uninvited and unwelcome.

Unwelcome behaviour does not have to be repeated or ongoing; a single incident can also constitute sexual harassment.

The following actions may be considered sexual harassment:

• Uninvited physical contact or gestures.
• Unwelcome requests for sexual favours.
• Sexual comments or jokes.
• Intrusive questions or insinuations of a sexual nature about a person’s private life.
• Displaying offensive or pornographic materials.

Sexual harassment is an unlawful act that can lead to civil liability. Some behaviours, such as indecent assault, stalking, and making nuisance calls, can also result in criminal consequences.

Everyone will be held personally liable for his or her illegal acts of sexual harassment. Legal liability may also arise if someone encourages or instructs another person to engage in sexual harassment, or if they knowingly assist someone else in carrying out such acts (for example, by joining in telling obscene jokes).

“Reasonably practicable steps” are not explicitly defined in the Sex Discrimination Ordinance and should be assessed on a case-by-case basis.

In general, these steps should include developing and promoting a clear policy aimed at preventing sexual harassment. Additionally, it is important to organise seminars and training sessions to raise awareness among contract workers, service providers, agents, and others regarding the prevention of sexual harassment.

Furthermore, beyond merely formulating a policy, your organisation should establish a comprehensive complaint mechanism to address instances of sexual harassment. Education and training workshops should be provided to promote gender equality, foster a gender-friendly environment and prevent sexual harassment. It is the organisation’s responsibility to demonstrate that proactive measures have been effectively implemented to mitigate liability when incidents of sexual harassment occur.

If someone feels they are being sexually harassed in a relevant area, they can submit a written complaint to the Equal Opportunities Commission (EOC). The EOC will investigate the complaint and endeavour to resolve it through conciliation. If conciliation fails, the complainant can apply to the EOC for legal assistance. Decisions on applications for legal assistance are made by the EOC’s Legal and Complaints Committee.

If a person feels they are being sexually harassed, they may adopt the following informal or formal approaches:

1. Speak up at the time. Inform the harasser that their behaviour is unwanted and must stop.
2. Keep a written record of the incidents, including the dates, times, locations, witnesses, and your own response as the complainant.
3. Lodge a formal complaint with the designated personnel or channel.
4. Submit a written complaint to the Equal Opportunities Commission.
5. Report to the police if the incident involves criminal elements.
6. File a legal proceeding at the District Court.

Under Section 9 of the Sex Discrimination Ordinance, individuals are safeguarded against “victimisation” and are entitled to file a complaint with the Equal Opportunities Commission if they are treated less favourably than others would have been treated for any of the following reasons:

• They have made or intend to make a sexual harassment complaint under the SDO;
• They have provided or intend to provide information or documents concerning sexual harassment;
• They have appeared or intend to appear as a witness in a sexual harassment proceeding; or
• They have reasonably asserted their own rights or the rights of another individual under the SDO.

There are specific time limits for filing a complaint with the Equal Opportunities Commission (EOC) and initiating legal proceedings.

If someone has experienced sexual harassment, they must submit a written complaint to the EOC within 12 months of the incident. Additionally, any decision to file legal action in the District Court must be made within 24 months after the incident occurred.