7th January 2025 – (Hong Kong) On Tuesday, Hong Kong’s equality watchdog clarified that it is an offence for individuals of the same sex to make frequent offensive jokes or comments about sex or gender. This statement follows the suspension of a female branch manager from the Korean restaurant chain Terrace In Seaside, located in Festival Walk, amid allegations of sexual harassment.
The allegations involve the branch manager reportedly making inappropriate nicknames and jokes about a new female employee’s appearance. In a radio interview, Linda Lam Mei-sau, chairwoman of the Equal Opportunities Commission, stressed that she would refrain from commenting on specific cases but outlined the two primary categories of sexual harassment.
The first category includes unwelcome sexually-related behaviours directed at colleagues, which may leave the recipient feeling offended or intimidated. The second involves one individual engaging in sexually-related conduct towards another, creating a hostile environment, thus constituting sexual harassment.
Lam emphasised that the relevant laws apply to interactions between individuals, regardless of their gender. Any unwelcome sexually-related behaviour could potentially breach these laws. She also highlighted that employers share some responsibility for such incidents but may qualify for exemptions if they have implemented reasonable preventive measures, such as establishing anti-harassment policies and educating employees about illegal behaviours.
For these exemptions to be effective, it is crucial that such preventive actions are taken before any incident occurs. Additionally, Lam indicated that the Commission will initiate an investigation upon receiving a complaint and may seek to resolve the matter through appropriate mediation.
