In response to media enquiries about the remarks by the Hon Junius HO in a Legislative Council Meeting on 15 October 2019, the Equal Opportunities Commission (EOC) has the following response:

1. Pursuant to the Sex Discrimination Ordinance, sexual harassment is any unwelcome sexual advance, or any unwelcome request for sexual favours directed towards a man or woman, or other unwelcome conduct of a sexual nature in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that he or she would be offended, humiliated or intimidated. In addition, a person may commit an act of sexual harassment if that person, alone or together with other persons, engages in conduct of a sexual nature which creates a hostile or intimidating environment for any other person.

2. The Sex Discrimination Ordinance covers sexual harassment acts occurred in prescribed areas, including employment, education, the provision of goods, facilities and services, and sexual harassment by a manager of premises against an occupier of the premises.

3. Since the incident in question does not fall under the prescribed areas of the Sex Discrimination Ordinance, the EOC is unable to further follow it up.

4. Although the EOC has no power to follow up on the remarks, the EOC considers that the remarks are inappropriate, and that Legislative Council Members should especially be mindful of their remarks and avoid using expressions which may constitute sexual harassment or even be offensive. The EOC considers that parliamentary discussions should be conducted in a rational and mutually respectful manner.

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Equal Opportunities Commission
15 October 2019