Subsite Background

Policy and Procedures on Sexual Harassment

3. Definition1

According to Section 2(5) of the SDO “a person (howsoever described) sexually harasses a woman if:

(a) the person - (i) makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to her; or (ii) engages in other unwelcome conduct of a sexual nature in relation to her, in circumstances in which a reasonable person having regard to all the circumstances, would have anticipated that she would be offended, humiliated or intimidated; or

(b) the person, alone or together with other persons, engages in conduct of a sexual nature which creates a hostile or intimidating environment for her.”

According to Section 2(8) of the SDO:

“A provision of Part 3 or 4 framed with reference to sexual harassment of women shall be treated as applying equally to the treatment of men and for that purpose that provision, and subsections (5) and (7), shall have effect with such modifications as are necessary.”

1 Quoted from Section 2(5) and 2(8) of the Sex Discrimination Ordinance.

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