Sexual Nature + Unwelcome Conduct*
= Sexual Haraassment

Sexual harassment is a form of sexual violence. Specifically, sexual harassment is an unwelcome sexual advance, an unwelcome request for sexual favours, or other unwelcome conduct of a sexual nature that a reasonable person, having regard to all the circumstances, would have anticipated that the victim would be offended, humiliated or intimidated. Anyone, regardless of gender, can be a harasser or a victim/complainant of sexual harassment.

Sexual harassment is a breach of civil law according to the Sex Discrimination Ordinance of Hong Kong. The same act may also constitute a criminal offence, such as rape, indecent assault, voyeurism, etc.

We recognise that the feelings of those who have experienced sexual violence often go beyond the scope of legal definitions. If you are in need of support, please contact RainLily via Helpline or WhatsApp.

RainLily Sexual Violence Helpline: 2375 5322

Examples of sexual harassment include：

Not limited to private body parts.
For instance, touching hair, ears, hands, arms, the waist, or legs can all constitute sexual harassment, if it is an unwelcome conduct of a sexual nature that a reasonable person, having regard to all the circumstances, would also have anticipated that the victim would be offended, humiliated or intimidated.
Example:
- Sexual advances under the guise of pursuing a romantic relationship.
Examples
- Making sexually suggestive jokes
- Insults based on sex
- Intrusive questions about private life or sexual history
Examples
- Obscene and sexual hand motions
- Suggestive facial expressions and/or sounds that simulate sex
Sexual harassment also includes the creation of a sexually hostile or intimidating work environment by engaging in unwelcome or uninvited sexual behaviour.
Examples
- Displaying pornography in the workplace
- Loudly discussing sexual topics or telling crude jokes in an open area, even if it's just a conversation between person A and person B that person C inevitably overhears, this could constitute sexual harassment towards person C.
Making someone's acceptance or refusal of behaviour in sexual nature a condition that affects their access to work, education, training, services, or related opportunities.

*Unwelcome conduct: Whether the harasser acted intentionally or not, the key factor is if the harassed person would be offended, humiliated, or intimidated. Legally, it also depends on whether a reasonable person would have (objectively) anticipated that the harassed person would feel that way.

Sexual Violence Legal Consultation

Common Misconceptions, Myths, and Facts About Sexual Harassment

💬 A sharing from RainLily's "SH.E" Sexual Harassment Advocacy Group

We have heard enough of these

🗣️

We have heard enough of these 🗣️

🗣️ Words that blame the victim:

“You need to stop wearing mini skirts.”
“You should've spoken up!”
“Did you lead the harasser on?”
“That's how it is for women, take it or leave it”
“You should man up and stop being so sensitive.”

Everyone's wishes and boundaries should be respected, regardless of gender. Actions or attire do not justify sexual harassment. Breaking gender stereotypes and recognising that victims often struggle to react to sexual harassment is crucial for offering help. Blaming those who disclose their experiences hinders timely help.

🗣️ Words that excuse the harasser:

“He's just a passionate person.”
“He's from a western culture.”
“He's always been like that.”

Different cultural backgrounds or personality traits are not excuses for ignoring others' boundaries, nor for justifying sexual harassment.

🗣️ Words that dismiss the victim's concerns:

“Aren't you being a bit too sensitive?”
“He's like that with everyone, and they're all fine with it.”

Everyone has their own personal boundaries. Honestly, you might have even questioned yourself and wondered if you were being too sensitive. But we want to tell you this: just because other people are okay with a certain way of interacting doesn't mean you have to be. If you're not okay with it, then it's not okay. Don't let others normalise sexual harassment. Trust your own feelings.

🗣️ Words that excuse sexual harassment of confuse the issue:

“He just sees you as like a sister.”
“He's just fond of you / looking out for you.”
“Isn't he just trying to chat you up?”

Someone who cares about you or likes you should always respect you. They wouldn't do anything to make you feel uncomfortable, or say anything that makes you feel that way.

🗣️ Words that reinforce gender stereotypes:

“That's how it is for women, take it or leave it.”
“What's the big deal if a man is harassed”

Regardless of gender, everyone's wishes and boundaries should be respected. Whatever you did or wore at the time is not a justification for being subjected to sexual harassment.

🗣️ Words that discourage victims from pursuing actions:

“Complaining is troublesome.”
“We're colleagues, don't make it a big deal.”

Making a complaint is challenging. We believe that those who choose this path aim to bring an end to the harasser's behaviour. The decision to complain reflects a pursuit of a safe, respectful, and autonomous environment for work, study, and life.

Related Laws

Sex Discrimination Ordinance (SDO)

Sexual harassment is a breach of civil law according to the Sex Discrimination Ordinance of Hong Kong. The standard of proof is on the balance of probabilities, i.e. the claimant must prove that it is more likely than not that the respondent has acted in breach of the Sex Discrimination Ordinance.

The provisions of the Sex Discrimination Ordinance which govern sexual harassment do not apply to all environments. The areas that those provisions apply include:

Employment Colleagues, applicants (including internship position), contractual workers, domestic workers, etc.
Education Between staff members and students, among students, etc.
Provision of Goods, Facilities, or Services Between providers and users of goods and services. E.g., between shopkeepers and customers, coaches and apprentices
Common Workplaces Between workplace participants, even where there is no employment or employment-like relationship between them. This means that protection is extended to any employee, contract worker, agent, interns and volunteers, and covers common workplaces such as co-working spaces, service centres, promotional stands and exhibition booths and counters

A conduct may constitute both a breach of civil law under the Sex Discrimination Ordinance and a criminal offence, such as indecent exposure of any part of body, clandestine photography or filming, and indecent and unwelcome bodily touch. The criminal standard of proof is higher – the prosecution must prove the crime beyond reasonable doubt.
Criminal cases aren't limited to the examples above, they can be reported to the police, and have no time limit for prosecution.
As mentioned above, under the Sex Discrimination Ordinance, sexual harassment in the workplace is unlawful. An employer is vicariously liable for the actions of its employees in the course of employment. In other words, an employer is indirectly liable for the actions of its employees.
However, the employer’s liability can be exempted if they are able to show that it took such steps as were reasonably practicable to prevent such conduct from occurring. In this regard, an employer needs to formulate policies and provide training to ensure that the workplace is safe from sexual harassment.
Victimisation happens where a person treats another person less favourably than other people because that person or a third person has done an act protected under the Sexual Discrimination Ordinance, such as making or planning to make a sexual harassment complaint, taking legal action, acting as witness sexual harassment or helping somebody else to do so.
The Sexual Discrimination Ordinance protects a person from victimisation in the prescribed areas of activities (listed above).
Some sexual harassment behaviour constitutes a tort at the same time, under the different types of Trespass to Persons. This includes assault, battery, false imprisonment and intentional infliction of emotional distress. The civil standard of proof applies – the claimant only has to prove that the tort is established on a balance of probabilities.

Responding to sexual harassment

Stop the Harasser Immediately and State Your Position

Clearly express your feelings to the harasser and state that his or her behaviour is unwelcome. Request them to stop.

Seek Support

Communicate the incident to someone who can provide emotional support or advice. You may also seek help from professional counsellors and obtain information about informal or formal complaints procedures.

Record Information

Record the date, time, venue, witness and details (what was said and done by the harasser) of the sexual harassment as well as your response and feelings as soon as possible after the incident while your memory is still fresh, in order to facilitate the lodging of a complaint subsequently. If the harassment took place verbally over a meeting or phone call, try to maintain a full call or meeting log of the conversation.

If you intend to make a video or voice recording of the harassment or conversation with the harasser, you need to pay attention to any privacy concerns as well as any limitations under your employment agreement or other contract with the harasser (if applicable).

Complain to company, institute or school management

In order to protect employees, employers/management have the obligation to establish and execute informal and formal complaints procedures in order to handle sexual harassment complaints.

I made a sexual harassment complaint to my company...

💬 A sharing from RainLily's "SH.E" Sexual Harassment Advocacy Group

After I made a sexual harassment complaint to my company, I vividly remember my supervisor constantly advising me to first lodge an "informal" sexual harassment complaint. I immediately refused and insisted on the establishment of an independent investigation panel. Thankfully, in the end, the company followed its internal guidelines to conduct the entire sexual harassment investigation. When I made the complaint, the HR department clearly explained each procedure and step to me. However, disappointingly, the investigation time dragged on for a full six months, double the three months stated in the internal guidelines.
During the company's investigation, they didn't immediately separate me from the perpetrator. I still had to see the perpetrator every day, working in the same office, which was very distressing. As a victim, I would hope that the company could separate the victim and the perpetrator as a first step. For example, by separating offices, departments, or even reassigning job roles. Also, couldn't the company do a little more for the victim? Could they proactively inform the victim of the investigation progress? This would make the victim feel more at ease and increase their trust in the company, because the victim would know that the company takes this matter seriously and is dealing with it properly.
After I complained to the organisation at the time, a so-called "independent investigation" was conducted, but in reality, it was just handled entirely by one senior supervising officer. I tried to ask the organisation if they had established guidelines to prevent sexual harassment, and the centre director mentioned that the mechanism had guidelines. I also asked if I could see them, but I was never shown them from beginning to end.
During the organisation's handling of the matter, I was completely excluded from the process, and they simply asked the perpetrator to apologise and then dropped the issue. For me, I didn't need these insincere apologies. What I hoped for was that after apologising, the perpetrator would understand that they had genuinely done wrong and wouldn't repeat such behaviour – that would have been enough for me.
Before making the complaint, I faced questioning, targeting, and accusations from various parties, which even led me to feel self-doubt and significantly impacted me both physically and mentally. Deciding to complain was a process of moving from self-negation to self-affirmation. It not only helped me heal but also, through meeting people who were willing to walk alongside me and resist the culture of sexual harassment together, I realised I wasn't alone.
Making a complaint is an important decision, an action that compels all parties to confront sexual harassment, thereby preventing further incidents from occurring. Although the road ahead may be long and the complaint process may be complex and time-consuming, please believe that you have done nothing wrong in this matter. Actively seek appropriate support services and do your utmost to fight for your rights.

Complain to the Equal Opportunities Commission (EOC)

The Equal Opportunities Commission (EOC) is responsible to handle complaint cases related to sexual harassment. Complainants must lodge the complaint to the EOC within 12 months after the incident.

Complaint handling procedure

After you lodge a complaint to the EOC, it will assess whether it is within its jurisdiction and whether it should investigate. Subject to that, the EOC ordinarily would invite the parties to an early conciliation session before formally commencing investigation.

Depending on whether the EOC has any queries or requests for documents in relation to the complaint, it is generally expected that the early conciliation would take place within six months of lodging the complaint.

Conciliation is a voluntary process and, while the EOC has a statutory duty to encourage conciliation between the parties, you cannot be compelled to settle a complaint. The EOC officer who is the conciliator in your case will act as an objective facilitator and help you to explore various options to settle your case on terms which are satisfactory to both parties.

In the event that early conciliation fails, the EOC would investigate the matter to determine whether there was likely to be an unlawful act. Depending on whether there is an affirmative finding, the EOC would invite the parties for a further round of conciliation. If that conciliation fails again, the complainant may apply for legal assistance.

Documents to be prepared before lodging a complaint

It is recommended that you collate all documentary evidence relating to the harassment as well as any other relevant documents (e.g. employment contract, written correspondence with your employer and/or the harasser, receipt for the service provided).

If possible, you may also prepare a timeline illustrating the order of events, as well as a relationship chart showing the relationships between any key persons involved in or aware of the incident.

Lodge a Complaint with EOC
EOC Anti-Sexual Harassment Hotline: 2106 2222
SMS Service: 6115 3037 (for people with hearing impairment/speech difficulties)

I made a sexual harassment complaint through the EOC...

💬 A sharing from RainLily's "SH.E" Sexual Harassment Advocacy Group

fter making a sexual harassment complaint to my company, their immediate handling of it was very poor. I was also subjected to retaliatory targeting by senior management after making the complaint. The investigation took a total of three months, during which time they didn't update me on the progress, and I still had to work with the perpetrator without any separation measures being put in place.
After a long wait, the response I received simply relayed positive comments about the colleague, stating their behaviour was merely impolite and not sexual harassment. With that, they decided to close the file, and the perpetrator didn't receive any punishment.
Subsequently, I learned that in cases of workplace sexual harassment, the company can also be held legally responsible for improper handling during or after the incident.
Feeling that the company just wanted to brush things under the carpet and wasn't willing to address the issue properly, and wanting to avoid lengthy legal proceedings and expensive legal fees, I realised that the EOC is a third-party organisation that could handle complaints against both the company and the individual who committed the sexual harassment.
Be prepared that submitting the documentation can be quite demanding. The EOC requires very detailed information regarding times, locations, and the sequence of events. Correspondence with the other party can take a long time, and the procedures and level of detail required for the case are very high. Even when dealing with a complaint through the EOC, it takes a long time and involves constantly being asked about the details of the case.
What I Appreciated:
It's one of the options available before choosing to pursue civil action against the other party, because taking legal action is a very time-consuming and expensive decision. The EOC can act as a third-party organisation to intervene in sexual harassment complaints, playing an intermediary role to try and reach an agreement.
Areas for Improvement:
The amount of information the victim needs to provide is excessive and overly complicated. Often, the same questions are asked repeatedly, and without legal assistance, it's very difficult for the victim to respond to the EOC's requirements. If the EOC could provide more support in this area, the victim would feel much more comfortable.

Commence Civil Proceedings

Should you wish to claim via civil legal proceedings, you shall file a claim in the District Court within 24 months after the incident for the Court to resolve the matters. You are advised to obtain legal advice from lawyers. If there are financial difficulties, you may consider seeking support from the Legal Aid Department or other services.

Are you considering making a complaint and facing these struggles?

💬 A sharing from the RainLily's "SH.E" Sexual Harassment Advocacy Group

Even without witnesses or physical evidence, we can still try to record the details related to the incident as thoroughly as possible. For example, the date, time, and location of the incident, what happened, the other person's behaviour and words, their attitude at the time, and your own reactions and feelings. If you exchanged messages with the other person, keep those records. Additionally, record any circumstantial evidence and the details of anyone who might have seen what happened. These are all actually forms of evidence. Although success isn't guaranteed, if you don't speak out, the sexual harassment will continue, so it's crucial to take this important first step for yourself.
As long as the sexual harassment incident is genuine and the complainant makes the allegations honestly, neither the complainant nor other witnesses should be penalised as a result, regardless of whether the complaint is ultimately upheld. If the other party does sue the complainant in return, it's recommended to seek legal advice services available in the community to help understand the risks, legal responsibilities, and rights involved, and to explore ways to respond.
Everyone has different values, so after a complaint is made, there may be people who support you and those who oppose you. Try to think positively – there might be people who stand by you, or others who have had similar experiences. Believe that what you are doing is right. Your actions might not only stop you from being harassed further but could also prevent others from being treated the same way.
If the perpetrator, management, or even other people who know about the complaint target you because of it – for example, through dismissal or issuing warning letters or other unfavourable treatment – the other party may have committed "victimisation" under the Sex Discrimination Ordinance.

RainLily Service

Counselling

Experienced counsellors following up on cases and providing emotional support.

Process Accompaniment Support

Accompanying relevant persons to face legal proceedings including civil proceedings, mediation proceedings, statement-taking, appearing before court, etc.

Free Legal Consultation

Arranging meeting with pro bono lawyers and providing information about the law and relevant rights and interests.

Sexual Violence Legal Consultation

Workplace Anti-Sexual Harassment Training

Increase awareness in workplace sexual harassment, responding to it, and how should sexual harassment complaints be handled.

Learn more

Responding to Sexual Harassment Booklet

The bilingual pamphlet introduces the definition of sexual harassment, the scope of application under Hong Kong’s Sex Discrimination Ordinance, the legal responsibilities of employers/management, ways to respond, and includes a sharing from the "Sexual Harassment Advocacy Group" as a complainant.

Learn more

SH.E Sexual Harassment Advocacy Group

The "SH.E Sexual Harassment Advocacy Group" was established in May 2021. "SH.E" stands for Sexual Harassment should End and SHe Empowers. The group is made up of survivors and volunteers who are concerned about the issue of sexual harassment. The survivors are all service users of RainLily who have experienced sexual harassment in the workplace or public spaces and have sought justice for themselves through various means.

Whenever they recall their experiences of sexual harassment, the survivors lament how difficult it was to seek help. They were often misunderstood, ignored, and even bullied due to a lack of public awareness about sexual harassment. Having gone through numerous difficulties along the way, the group members hope to consolidate their own stories to create fertile ground for helping other victims. Through persistent small steps, they aim to increase public understanding of sexual harassment, improve measures and mechanisms for preventing it, and promote a society with zero tolerance for sexual harassment.

Sexual Nature + Unwelcome Conduct* = Sexual Haraassment