Press Releases
EOC Expresses Concerns over Alleged Sexual Harassment Incident Involving a Restaurant Staff
06/01/2025
In response to media enquiries regarding an alleged sexual harassment case involving a restaurant staff and whether the behaviour is unlawful under the anti-discrimination ordinances, the Equal Opportunities Commission (EOC) issued the following statement:
The EOC expresses deep concerns over recent media reports about an alleged incident of sexual harassment involving a restaurant staff. The EOC is responsible for implementing four anti-discrimination ordinances in Hong Kong, including the Sex Discrimination Ordinance (SDO). The EOC does not comment on whether specific cases constitute unlawful acts of discrimination in general. However, under the SDO, it is unlawful for a staff member of an organisation to sexually harass a fellow staff member during employment. Sexual harassment involves engagement in unwelcome conduct of a sexual nature in relation to another person, be it physical, visual, verbal or non-verbal, in circumstances in which a reasonable person would have anticipated that the harassed person would be offended, humiliated or intimidated. Additionally, if a staff member (including an employer), alone or together with other persons, engages in conduct of a sexual nature that creates a hostile or intimidating environment for another staff member, it may also constitute sexual harassment. The EOC and the community at large do not tolerate such behaviour. Upon receipt of the relevant complaint, the EOC will take appropriate follow-up actions according to established procedures.
Furthermore, the SDO stipulates that employers may be held vicariously liable for their employees’ acts of sexual harassment in the course of employment, regardless of whether the acts occurred with or without the employer’s knowledge or approval. If the employers can demonstrate that they have taken reasonably practicable steps to prevent sexual harassment in the workplace, the steps can be relied on as a defence in the face of a claim in court. Accordingly, the EOC has always encouraged organisations to develop anti-sexual harassment policies to remind employees that sexual harassment is unlawful. To assist companies and organisations in formulating appropriate anti-sexual harassment policies, the EOC has prepared policy guidelines for various sectors, enabling both large and small businesses to develop appropriate measures. For more details about the guidelines, please visit: https://www.eoc.org.hk/compass/en/resources_policy/.
Moreover, the EOC regularly provides training for different organisations, including talks, workshops, standing training courses, as well as tailored programmes and consultancy services. The training covers preventing and handling workplace sexual harassment and principles of the anti-discrimination ordinances. The EOC welcomes individuals from various sectors and industries, including the catering industry, to contact us for enquiry on provision of the training. Further details about the training can also be found on the EOC website: Training and Education Page. By formulating anti-sexual harassment policies, organisations can proactively implement measures to prevent sexual harassment and address employee complaints properly.
As a general principle, organisation should address employee complaints related to sexual harassment immediately by following established procedures and based on the principles of fairness, justice and impartiality. It is essential to ensure that both the complainant and the alleged harasser are treated fairly, with all information and records related to the complaint kept confidential. If the incident is suspected to involve a criminal offence, the organisation may seek assistance from the police upon taking into consideration the complainant’s wishes.
Members of the public who believe that they have been subjected to discrimination or sexual harassment, as defined under the SDO, they may make enquiries with the EOC or file a complaint in writing. The EOC has established an Anti-Sexual Harassment Hotline at phone number 2106 2222 to provide the public with information on relevant legal provisions and ways to file complaints and seek redress. The hotline also provides referrals of counselling and therapy services as necessary. If the complaints received by the EOC involve unlawful discrimination and harassment, the EOC will take follow-up actions, including initiating investigations and conducting conciliation when appropriate, for the purpose of assisting the parties to resolve disputes promptly.
The EOC also encourages the public to stand up against sexual harassment, take a firm stance against unwelcome behaviour, and say “no” to the harasser. It is important to record the incident involving sexual harassment and report it to the relevant persons, such as employers or service providers, as well as seeking help from the EOC or the police (if a criminal offence is suspected).
From January 2020 to November 2024, the EOC received a total of 930 complaints of sexual harassment under the SDO, of which 690 (74%) were employment-related. The SDO is a civil law. Under the SDO, sexual harassment is a civil wrong incurring civil liability. In addition to civil liability, certain acts of sexual harassment (such as indecent assault and rape) are criminal offences. In such cases, individuals should consider making report to the police.
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