Hong Kong Case Law on Gender Equality 19 January 2007 Herman Poon Chief Legal Counsel Equal Opportunities Commission.

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Presentation transcript:

Hong Kong Case Law on Gender Equality 19 January 2007 Herman Poon Chief Legal Counsel Equal Opportunities Commission

Advancement in Gender Equality 2 Sex Discrimination Ordinance Non-discrimination, an enforceable legal right Equal Opportunities Commission Involvement in legal action

Advancement in Gender Equality 3 Gender specific job advertisements Female assistant accountant Female clerks Female typists Male sales executive Male bartenders Male messenger

Advancement in Gender Equality 4 Gender specific job advertisements Equal Opportunities Commission v Apple Daily [1999] 1 HKLRD 188 名人時尚版聘請採訪 Ball 場靚女記者多名 : Beautiful female reporters are wanted to cover balls and parties, or Reporters are wanted to cover beautiful girls at balls and parties

Advancement in Gender Equality 5 Pregnancy Discrimination Chang Ying Kwan v Wyeth [2001] 2 HKC 129 Pregnant woman told to resign Unfair criticisms and work pressure Forced resignation

Advancement in Gender Equality 6 Retirement policy Helen Tsang v Cathay Pacific Old scheme: Men 55; Women 40 New scheme: Men and Women 45 Existing staff had to choose between old and new scheme

Advancement in Gender Equality 7 Village election Chan Wah v Secretary for Justice [1999] 2 HKLRD 286 Election for Village Representatives Male villagers ’ spouses (wives) had voting rights Female villagers ’ spouses (husbands) had no voting rights

Advancement in Gender Equality 8 School Places Allocation Equal Opportunities Commission v Director of Education [2001] 2 HKLRD 690 Secondary School Places Allocation System (SSPA) Scores from the same examinations, but separate orders for boys and girls

Advancement in Gender Equality 9 School Places Allocation B1 – 70 B2 – 65 B3 – 60 G1 – 80 G2 – 75 G3 – 65

Advancement in Gender Equality 10 Sexual Harassment Yuen Sha Sha v Tse Chi Pan [1999] 2 HKLRD 28 Secret filming of fellow student with a hidden camera