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Hong Kong Case Law on Gender Equality

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. Female assistant accountant

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Hong Kong Case Law on Gender Equality

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

  2. Sex Discrimination Ordinance • Non-discrimination, an enforceable legal right • Equal Opportunities Commission • Involvement in legal action

  3. Female assistant accountant Female clerks Female typists Gender specific job advertisements • Male sales executive • Male bartenders • Male messenger

  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

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

  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

  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

  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

  9. School Places Allocation • G1 – 80 • G2 – 75 • G3 – 65 • B1 – 70 • B2 – 65 • B3 – 60

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

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