Prohibited Behaviour

There are four anti-discrimination ordinances in Hong Kong, namely the Sex Discrimination Ordinance (“SDO”), Disability Discrimination Ordinance (“DDO”), Family Status Discrimination Ordinance (“FSDO”) and Race Discrimination Ordinance (“RDO”). Under the anti-discrimination ordinances, it is unlawful to discriminate against a person on the grounds of sex, marital status, pregnancy, breastfeeding, disability, family status and race in the prescribed areas of activities, including employment, education, provision of goods, services and/or facilities, disposal and/or management of premises, and participation in clubs.

(a)

Sexual Harassment

(i)

The University has a separate set of Policy Against Sexual Harassment to address incidents related to sexual harassment. (Please refer to the relevant section(s) of the Policy Against Sexual Harassment for the definition of “sexual harassment”). Complaints/Incidents related to sexual harassment will be handled according to the Policy Against Sexual Harassment.

(b)

Sex/Marital Status/Pregnancy/Breastfeeding Discrimination/Harassment

(i)

The SDO prohibits discrimination on the grounds of sex (male/female), marital status (single/married/separated/divorced/widowed), pregnancy (during or after pregnancy) and breastfeeding (a woman who is breastfeeding a child/ a woman who is expressing breast milk/ a woman who feeds a child with her breast milk, but is not doing so at the same time the relevant act of discrimination is committed). There are two kinds of discrimination -- direct discrimination and indirect discrimination.

(ii)

Direct discrimination occurs when a person is treated less favourably than another person of the opposite sex, with a different marital status, who is not pregnant or breastfeeding.

(iii)

Indirect discrimination occurs when a condition or requirement, which is not justifiable, is applied to everyone but in practice adversely affects persons of a particular sex or marital status, those who are pregnant or breastfeeding.

(iv)

Breastfeeding harassment means unwelcome conduct towards a breastfeeding woman which makes that woman feel offended, humiliated or intimidated. It also occurs if a person creates a hostile or intimidating environment for that woman.

(c)

Disability Discrimination, Harassment and Vilification

(i)

The DDO protects people with a disability against discrimination, harassment and vilification on the ground of their disability. There are two kinds of discrimination – direct discrimination and indirect discrimination. Disability covers different types of disability and includes a disability which presently exists, has existed in the past, may exist in future or is imputed to someone. It covers both the disability of the person concerned as well as of the associates .

(ii)

Direct discrimination occurs when, on the ground of disability, a person with a disability is treated less favourably than another person without a disability in similar circumstances.

(iii)

Indirect discrimination occurs when a condition or requirement is applied to everyone, but in practice affects people with a disability more adversely, is to their detriment, and such condition or requirement cannot be justified.

(iv)

Disability harassment means unwelcome conduct towards a person on account of that person or that person’s associates’ disability where a reasonable person, having regard to all circumstances, would have anticipated that the person with the disability would be offended, humiliated or intimidated. Examples of “associates” are a spouse or a relative of the person, another person who is in a business, sporting or recreational relationship with the person, and etc.

(v)

Disability vilification occurs when someone, by any activity in public, incites hatred towards, serious contempt for, or severe ridicule of a person with a disability or members of a class of persons with a disability. Serious disability vilification is a criminal offence. It means the above-mentioned public activity consists of threatening physical harm, or inciting others to threaten physical harm towards, or towards any premises or property of, the person with a disability or members of a class of persons with a disability.

(d)

Family Status Discrimination

(i)

According to FSDO, family status means that a person has responsibility for the care of an immediate family member. An immediate family member is a person who is related by blood, marriage, adoption or affinity. There are two kinds of discrimination – direct discrimination and indirect discrimination.

(ii)

Direct discrimination occurs when a person is treated less favourably than another person on the ground of family status.

(iii)

Indirect discrimination occurs when a condition or requirement, that is not justifiable, is applied to everyone but in practice adversely affects persons who have family status.

(e)

Race Discrimination, Harassment and Vilification

(i)

The RDO protects people against discrimination, harassment and vilification on the ground of race. “Race” means a person’s race, colour, descent, national origin or ethnic origin. It covers both the race of the person concerned as well as of the associates. Examples of “associates” are a spouse or a relative of the person, another person who is in a business, sporting or recreational relationship with the person, and etc. There are two kinds of discrimination – direct discrimination and indirect discrimination.

(ii)

Direct discrimination occurs when a person is treated less favourably than another under comparable circumstances because of that person’s or that person’s associates’ race. Under the RDO, racial segregation is also a form of direct discrimination.

(iii)

Indirect discrimination occurs when a condition or requirement (rule, policy, practice, criterion or procedure), which cannot be justified on non-racial grounds, is applied equally to people of different races but which has an unfair effect on a particular group because:

-	only a small proportion of people from that racial group can meet that requirement compared to the proportion of people of other racial groups, and/or
-	the condition is to the detriment of the persons of that particular group because they cannot meet it.

(iv)

Racial harassment means a person engages in an unwelcome, abusive, insulting or offensive behaviour because of another person’s or that person’s associates’ race, which makes that person feel offended, humiliated or intimidated. It also occurs if a person creates a racially hostile environment for another person because of that person’s or that person’s associates’ race.

(iv)

Racial vilification is an activity in public which incites hatred, serious contempt for, or severe ridicule of a person because of that person’s race. Serious racial vilification is a criminal offence. It means the above-mentioned public activity consists of threatening physical harm, or inciting others to threaten physical harm towards, or towards any premises or property of, a person or members of the class of persons because of their race.

It should be noted that under the anti-discrimination ordinances, in employment, there are special circumstances when discrimination on prohibited ground(s) would not be unlawful. For example,

Genuine occupational qualification under the SDO, DDO and RDO; or

Persons with a disability would not be able to carry out the inherent requirements of the job or there will be unjustifiable hardship to accommodate them.

Further information on these exceptions and the definitions of the unlawful acts under the four anti-discrimination ordinances in Hong Kong can be found on Equal Opportunities Commission’s website (www.eoc.org.hk).