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The Equal Opportunities Commission will set up its Anti-Sexual Harassment Unit next month, chairman Ricky Chu says. Photo: May Tse

Hong Kong’s equality watchdog has big agenda for new unit dedicated to tackling sexual harassment

  • The new group will focus on underlying problems that leave some victims without justice, according to head of Equal Opportunities Commission
  • The organisation has received complaints of mainlanders being refused service and hotels boycotting health care workers, and allegations of sexual harassment committed by protesters or against them by police

Hong Kong’s equality watchdog will set up a special unit dedicated to tackling underlying issues of sexual harassment, identifying gaps in protection and suggesting legislative amendments if needed.

The unit would be established next month, Ricky Chu Man-kin, the chairman of the Equal Opportunities Commission (EOC) told the constitutional affairs panel meeting at the Legislative Council on Monday. Chu said deeper issues surrounding the problem of sexual harassment had emerged, such as victims delaying reporting incidents or minimising what happened. He noted certain scenarios fell outside the scope of the ordinance, so the Anti-Sexual Harassment Unit would address all relevant issues.

The commission would study the feasibility of legislation covering discrimination against sexual orientation and mainlanders or residents born outside Hong Kong. It would also examine allegations of mainlanders being refused service, hotels boycotting health care workers and sexual harassment committed against or by protesters.

The commission received 11,481 enquiries and 1,072 complaints in the current financial year, an increase of 17 per cent and about 2 per cent respectively. It also handled 1,526 cases from the previous year, the highest since 2002-03.

“The new unit will look at all forms of sexual harassment, including those allegedly committed by police during operations,” Chu said.

He was responding to questions by Helena Wong Pik-wan of the Democratic Party about whether some police officers, in the execution of their duties, had breached the Sex Discrimination Ordinance. Wong pointed to an example of male officers entering a woman’s public toilet in Mong Kok on May 10 to arrest an online media reporter.

“You can see on the TV there have been many instances such as police officers barging into a female toilet. Why couldn’t you initiate an investigation on your own?” Wong asked.

Chu admitted that beginning last autumn they had received complaints about alleged sexual harassment by police, but since no one nor their families were willing to come forward, investigation was impossible.

“We’ve appealed to the victims or their families to personally contact the EOC so we can make further assessments,” he said. “But up to now they haven’t approached us so we can’t establish that the cases were sexual harassment.”

Under the ordinance, sexual harassment is a civil offence but applies only to acts in the workplace or education establishments. It also applies to providers of goods, services or facilities who sexually harass customers or the recipients.

“The increase in the number of enquiries and complaints received in 2019/20 from the previous year could be attributed to growing public concerns over discrimination, harassment and vilification amid the city’s social unrest in 2019 and the Covid-19 outbreak that hit Hong Kong in 2020,” he said.

Separately, Andy Chan Shui-fu, undersecretary for constitutional and mainland affairs, said that to prepare for September’s legislative election, about 31,000 staff would be recruited from the ranks of existing and retired civil servants, including police officers.

“Do you think the police can conduct their polling duties in a fair and just manner?” asked Democratic Party lawmaker Ted Hui Chi-fung.

Chan replied: “We will be adhering to the law. I believe everyone is politically neutral.”

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