Anti-Harassment Policy (Hong Kong)

An Anti-Harassment Policy in Hong Kong documents the organisation's approach and the obligations placed on those it covers.

The legal foundation for workplace anti-harassment obligations in Hong Kong rests on four statutes. The Sex Discrimination Ordinance (Cap. 480) prohibits sexual harassment under Section 2(5), defining it as unwelcome conduct of a sexual nature that a reasonable person would anticipate would cause offence, humiliation, or intimidation, and also prohibits quid pro quo harassment under Section 2(6). The Disability Discrimination Ordinance (Cap. 487) prohibits harassment related to disability. The Family Status Discrimination Ordinance (Cap. 527) protects employees with family care responsibilities. The Race Discrimination Ordinance (Cap. 602) prohibits harassment on grounds of race, colour, descent, and national or ethnic origin. Employers are vicariously liable under each of these ordinances for harassment by their employees unless they can prove they took reasonably practicable steps to prevent it.

The Equal Opportunities Commission (EOC), established under the Sex Discrimination Ordinance (Cap. 480) with jurisdiction extended to the other anti-discrimination ordinances, investigates complaints, promotes compliance through Codes of Practice, and may bring legal proceedings in the District Court or Court of First Instance against employers who breach their obligations. The EOC’s Code of Practice on Employment under the Sex Discrimination Ordinance provides detailed guidance on what constitutes adequate preventive steps — with a written, communicated, and enforced Anti-Harassment Policy identified as the primary mechanism.

Beyond legal compliance, workplace harassment creates significant operational costs for Hong Kong employers: increased staff turnover, reduced productivity, damage to employer brand in Hong Kong’s competitive labour market, and reputational harm that affects client and partner relationships. The Employment Ordinance (Cap. 57) does not separately create anti-harassment obligations, but harassment that rises to the level of serious misconduct may justify summary dismissal of the harasser under Section 9 of Cap. 57, and an employer’s failure to address harassment may entitle a victim to resign and claim constructive dismissal under the common law principles applied by the Labour Tribunal.

An Anti-Harassment Policy differs from an Anti-Discrimination Policy in that it focuses specifically on harassing conduct — unwelcome behaviour directed at individuals because of protected characteristics — rather than the broader range of discriminatory acts that affect terms of employment, recruitment, or promotion decisions. Many Hong Kong employers maintain both documents as complementary elements of their equal opportunities framework, referencing the EOC’s Codes of Practice for all four ordinances.

An Anti-Harassment Policy in Hong Kong is needed by every employer who has employees, contractors, or other workers in Hong Kong — the vicarious liability provisions of the Sex Discrimination Ordinance (Cap. 480), Disability Discrimination Ordinance (Cap. 487), Family Status Discrimination Ordinance (Cap. 527), and Race Discrimination Ordinance (Cap. 602) apply regardless of the size of the organisation or the sector in which it operates.

New businesses setting up in Hong Kong should implement an Anti-Harassment Policy before hiring their first employees. The policy should be incorporated into the employment contract, employee handbook, or provided as a standalone document given to every employee at the start of employment, with written acknowledgement. The Employment Ordinance (Cap. 57) does not require an employee handbook, but the anti-discrimination ordinances make clear that documented and communicated preventive steps are the pathway to the statutory vicarious liability defence.

Established businesses reviewing HR compliance need an Anti-Harassment Policy when they identify that their existing policies are outdated, do not reflect the Race Discrimination Ordinance (Cap. 602) which came into full effect in 2009, or do not cover harassment by or against contractors and third parties such as clients and suppliers. The EOC’s guidance recommends that policies cover not only employee-on-employee harassment but also harassment by managers against subordinates, by subordinates against managers, and by third parties against employees.

Organisations responding to a harassment complaint need a policy framework to guide the investigation and disciplinary process. Where no written policy exists, the employer cannot demonstrate that reasonably practicable preventive steps were taken, and the investigation process is more likely to be challenged as unfair or inconsistent. A documented investigation procedure protects both the employer and the parties to the complaint.

Multinational companies operating in Hong Kong need an Anti-Harassment Policy that reflects Hong Kong’s specific statutory framework rather than simply applying a policy drafted for another jurisdiction. The four Hong Kong anti-discrimination ordinances differ in important respects from UK, US, or Australian anti-discrimination law — for example, the protected characteristics differ, the EOC’s conciliation process differs from the EEOC in the US, and the remedies available in the District Court of Hong Kong differ from those in other jurisdictions.

Organisations in high-risk sectors — hospitality, financial services, professional services, and healthcare — where power imbalances and close client relationships create elevated harassment risk, particularly benefit from a detailed and regularly enforced Anti-Harassment Policy. The EOC has noted that certain sectors have higher complaint rates and has issued sector-specific guidance for these industries.

An Anti-Harassment Policy for a Hong Kong employer must include specific elements to achieve compliance with the anti-discrimination ordinances, meet EOC guidance standards, and provide effective protection for employees.

Policy statement and scope: The policy must open with a clear commitment to providing a workplace free from harassment in all its forms and a statement of zero tolerance for harassing behaviour. The scope must define which persons are covered — employees at all levels (including senior management and directors), contractors, agency workers, and visitors — and which environments are covered, including the physical workplace, client sites, work-related social events, and digital communications including emails, messaging apps, and social media.

Definitions of prohibited conduct: The policy must define each category of harassment by reference to the relevant ordinance. Sexual harassment under Section 2(5) of the Sex Discrimination Ordinance (Cap. 480) must be defined with examples — unwelcome physical contact, sexually explicit language or jokes, inappropriate staring, offensive emails or messages. Disability-related harassment under the Disability Discrimination Ordinance (Cap. 487), family-status harassment under the Family Status Discrimination Ordinance (Cap. 527), and racial harassment under the Race Discrimination Ordinance (Cap. 602) must each be separately defined. The policy should also address workplace bullying, which may not constitute statutory harassment but creates a hostile work environment and exposure to common law liability.

Reporting procedure: The complaint procedure must be clear, accessible, and offer multiple reporting channels to accommodate situations where the alleged harasser is the employee’s direct manager. Reporting channels should include HR, a designated harassment officer, senior management, and — for organisations with sufficient resources — an independent external reporting line. The procedure must specify the steps following a complaint: acknowledgement, initial assessment, appointment of an investigating officer, timeline for investigation, and communication of outcomes.

Investigation process: The policy must set out the investigation process in sufficient detail to demonstrate to the EOC and the courts that complaints are taken seriously. Key elements include: appointment of a neutral investigating officer, confidential interviews with the complainant, accused, and witnesses, written records of interviews, a formal report on findings, and a determination on the balance of probabilities. Both the complainant and the accused must be informed of the process, kept updated, and given the opportunity to respond to adverse findings.

Confidentiality and protection from retaliation: The policy must commit to maintaining confidentiality of the complainant’s identity and complaint details to the greatest extent possible consistent with a fair investigation. The policy must explicitly prohibit retaliation or victimisation against any person who makes a good-faith harassment complaint, assists in an investigation, or provides witness evidence. Retaliation is independently unlawful under each of the four anti-discrimination ordinances, and the policy must make clear that retaliation will itself be subject to disciplinary action.

Consequences and disciplinary action: The policy must state that harassment substantiated following investigation will result in disciplinary action up to and including summary dismissal under Section 9 of the Employment Ordinance (Cap. 57). The range of potential disciplinary outcomes — formal warning, demotion, suspension, dismissal — should be stated to demonstrate that the employer treats harassment as serious misconduct. The policy should also note that some forms of harassment may constitute criminal offences — for example, indecent assault is an offence under the Crimes Ordinance (Cap. 200).

Support for complainants: The policy should identify the support available to employees who have experienced harassment — access to an Employee Assistance Programme (EAP), referral to the EOC, and the right to take paid sick leave under the Employment Ordinance (Cap. 57) if psychological harm results from the harassment. The policy should confirm victims are not disadvantaged in their employment terms as a result of making a complaint.

Training obligations: The policy must establish regular anti-harassment training for all employees, with specific training for managers and HR staff on recognising harassment, handling complaints, and conducting investigations. The EOC recommends annual refresher training. Forms-legal.com provides a structured Anti-Harassment Policy template for Hong Kong covering all EOC-required elements under Cap. 480, Cap. 487, Cap. 527, and Cap. 602.