Sexual Harassment at Work in Hong Kong: What Employees and Employers Must Know in 2026
Tackling sexual harassment Hong Kong workplace law is built on the Sex Discrimination Ordinance (Cap. 480), which makes unwelcome conduct of a sexual nature unlawful and lets victims complain to the Equal Opportunities Commission (EOC) or sue in the District Court. Employers can be vicariously liable for harassment by staff unless they took reasonably practicable preventive steps. A recent District Court decision is reported to have admitted covertly-made recordings as evidence and awarded damages. This guide explains what counts as harassment, the law, the steps for employees, and what employers must do.
Introduction
Sexual harassment at work remains one of the most under-reported workplace problems in Hong Kong, partly because employees do not know their rights and partly because employers underestimate their exposure. The law is clearer than many realise. Understanding sexual harassment Hong Kong workplace rules under the sex discrimination ordinance HK framework helps employees act with confidence and helps employers avoid liability. This guide explains what behaviour crosses the line, how an employment harassment claim HK-side works, the route to an EOC complaint Hong Kong, and the preventive duties on employers. It is general information; a solicitor can advise on your specific situation.
What counts as harassment
Under the Sex Discrimination Ordinance (Cap. 480), sexual harassment broadly covers two things:
● Unwelcome conduct of a sexual nature where a reasonable person would have anticipated that the recipient would be offended, humiliated or intimidated. This includes unwanted physical contact, sexual advances, requests for sexual favours, intrusive questions, and the display or circulation of sexual images or messages.
● A sexually hostile or intimidating environment, where conduct of a sexual nature creates a hostile work environment HK employees should not have to tolerate.
Harassment can be a one-off serious incident or a pattern of smaller ones. It can occur between colleagues, from a manager to a junior, between people sharing a workplace even if not employed by the same company, and it is not limited to conduct by men toward women.
Examples and the "reasonable person" test
Harassment is judged partly by how a reasonable person would view the conduct, not only by the harasser's intentions, so "I was only joking" is rarely a defence. Conduct that can amount to sexual harassment includes: unwelcome physical contact, from touching to standing too close; verbal conduct such as sexual comments, jokes, propositions or persistent questions about someone's private life; non-verbal conduct such as leering, suggestive gestures, or displaying or sending sexual images; and digital conduct, including explicit messages or pressure over messaging apps and social media. A single serious incident can be enough, and so can a pattern of smaller ones that together create a hostile environment.
Two points are widely misunderstood. First, harassment does not require a power imbalance: it can occur between peers, or even from a junior toward a senior. Second, it is not confined to the office. Work events, business trips, client entertainment and work chat groups are all capable of being the setting for workplace harassment. It is also unlawful to victimise someone for making, or supporting, a complaint in good faith, so an employee who reports harassment, or gives evidence for a colleague, is protected from being punished for doing so. For employers, these examples double as a training tool: the clearer your staff are about what counts, and about the protection for complainants, the fewer incidents you will face and the stronger your preventive defence will be.
What the law says
The Sex Discrimination Ordinance (Cap. 480) makes sexual harassment in employment unlawful and established the Equal Opportunities Commission (EOC) to enforce it. Two features matter most for workplaces:
● Employer liability. An employer can be vicariously liable for harassment committed by an employee in the course of employment, unless the employer shows it took reasonably practicable steps to prevent it. This is why a real policy, training and a proper complaints process are not optional extras.
● Remedies. A victim can lodge a complaint with the EOC, which can investigate and conciliate, or bring proceedings in the District Court, which can award damages (including for injury to feelings) and other relief. Over the years the protection has been strengthened, including extending coverage to certain workplace situations beyond a traditional employer-employee relationship.
Steps for employees
1. Record what happened. Note dates, times, places, what was said or done, and any witnesses. Keep messages and emails.
2. Tell the harasser to stop, if you safely can, and make clear the conduct is unwelcome.
3. Use the internal complaints procedure. Report it to HR or management in writing and keep a copy.
4. Consider the EOC. You can lodge an EOC complaint, which can lead to investigation and conciliation.
5. Consider legal action. You may bring a claim in the District Court, within the applicable time limit, so do not delay.
6. Get advice and support. Harassment takes a personal toll; seek both legal advice and, where needed, support for your wellbeing.
Employer obligations
Employers should treat prevention as a legal duty, not a courtesy:
● Have a clear anti-harassment policy that defines the conduct, names the consequences, and is actually communicated to staff.
● Train managers and employees regularly, and keep records of that training.
● Provide a safe, confidential complaints channel and act on complaints promptly and fairly.
● Take reasonable preventive steps, which is the key to the statutory defence to vicarious liability.
● Protect complainants from victimisation, which is itself unlawful.
A workplace that can show genuine, documented prevention is far better placed if a complaint is made.
A recent District Court decision
Recent Hong Kong cases continue to develop how harassment claims are proved. In a recent District Court decision (reported as Sri Wahyuni [2025] HKDC 271), the court is reported to have admitted covertly-made recordings as evidence in a workplace harassment claim and awarded damages to the complainant. The practical lesson, subject to confirming the current state of the law, is twofold: contemporaneous evidence (even informal recordings) can carry real weight, and employers cannot assume misconduct will go unproven simply because it happened behind closed doors. Anyone relying on a specific decision should verify its current status with a solicitor.
EOC complaint or court claim
Victims usually have two main routes, and they are not mutually exclusive in the way people assume:
● The EOC route. Lodging a complaint with the Equal Opportunities Commission can lead to investigation and conciliation, a confidential, less adversarial process aimed at a negotiated resolution (which might include an apology, policy changes and compensation). It is often quicker and less costly than litigation.
● The District Court route. You can bring civil proceedings in the District Court, which can award damages, including for injury to feelings, and other relief. This route is more formal but can be necessary where conciliation fails or the conduct is serious.
Both routes are time-limited, so the worst thing you can do is wait. If you are unsure which to pursue, take advice early, because the choice can affect both the speed and the outcome of your case.
Why prevention is the employer's best defence
For employers, the statutory defence to vicarious liability turns on having taken reasonably practicable steps to prevent harassment, which is a factual question decided on what you actually did, not what your handbook says. In practice that means a real, communicated policy; regular training with attendance records; a confidential and trusted complaints channel; prompt, fair and documented handling of any complaint; and visible protection of complainants from retaliation. An employer who can produce that evidence is in a far stronger position than one relying on a dusty policy nobody has read. Prevention is cheaper than a claim, in money and in reputation.
FAQ
1. What legally counts as sexual harassment at work?
Unwelcome conduct of a sexual nature that a reasonable person would expect to offend, humiliate or intimidate, or conduct that creates a sexually hostile environment, under the Sex Discrimination Ordinance (Cap. 480).
2. Can my employer be liable for a colleague's behaviour?
Yes. Employers can be vicariously liable unless they show they took reasonably practicable steps to prevent the harassment.
3. Do I have to complain to my employer first?
It is usually wise, but you can also approach the EOC, and you may bring a District Court claim. Take advice on the best route.
4. What can I recover?
The District Court can award damages, including for injury to feelings, and grant other relief.
5. Is there a time limit?
Yes. Both EOC complaints and court claims are time-limited, so act promptly.
6. Can secret recordings be used as evidence?
They sometimes can. Courts have a discretion over admissibility, and recent reporting suggests covert recordings have been admitted in harassment cases, but you should take advice before relying on them.
7. Can men bring a sexual harassment claim?
Yes. The protection under the Sex Discrimination Ordinance is not limited by the complainant's sex.
8. Is harassment by a client or contractor covered?
The law reaches a range of workplace situations beyond a straightforward employer-employee relationship. Take advice on your specific facts.
9. Will my employer find out if I go to the EOC?
The conciliation process necessarily involves the parties, but you can discuss confidentiality and how to proceed with the EOC or a solicitor first.
When to contact a solicitor
Speak to a solicitor if the harassment is serious or ongoing, if your employer has not acted on a complaint, if you have been victimised for complaining, or if you are an employer facing a complaint. Early advice protects both your position and the evidence.
Talk to ask.legal Hong Kong
Experiencing harassment, or responsible for handling a complaint? Contact ask.legal Hong Kong for a confidential discussion and to be matched with a Hong Kong solicitor experienced in discrimination and employment claims.
Sources and further reading
● Sex Discrimination Ordinance (Cap. 480); Equal Opportunities Commission.
● Equal Opportunities Commission, sexual harassment guidance booklet: https://www.eoc.org.hk/eoc/upload/userfiles/file/leaflets/SH-Booklet-E.pdf
● Law Society of Hong Kong, anti-discrimination and anti-sexual-harassment policy: https://www.hklawsoc.org.hk/zh-HK/Policy-on-Anti-Discrimination-and-Anti-Sexual-Harassment
About the author: prepared by the ask.legal Hong Kong editorial team.
Last updated: June 2026.
This article is general information about the law of Hong Kong as at 2026, not legal advice. For advice on your circumstances, consult a qualified Hong Kong legal practitioner.