Hong Kong Case Law on Gender Equality

19 January 2007 Herman Poon Chief Legal Counsel Equal Opportunities Commission

Sex Discrimination Ordinance

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

Gender specific job advertisements

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

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 4

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 5

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 6

Village election

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

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 8

School Places Allocation

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

Sexual Harassment

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