其實係咪真
但係
//在涉及性騷擾的訴訟中，受害人通常要承擔舉證責任，即是需要證明對方確有作出「不受歡迎而涉及性的行為」。因此，閣下必須在性騷擾事件開始時便清楚地叫騷擾者停止，否則在其後的投訴或法院訴訟中，閣下可能很難去證明對方確有作出上述不受歡迎的行為。//
http://familyclic.hk/tc/topics/Daily-lives-legal-issues/Anti-discrimination/Sex-discrimination/
// Unwelcome Conduct
To be unlawful, the sexual conduct complained of must be "unwelcome". The question is: whether the actual complainant welcomed the conduct at the relevant time, not whether a "reasonable person" would have welcomed it. s.2(5)(a) imports both a subjective and an objective test. This is best illustrated in the Australian case of O'Callaghan v Loder & Anor [1984] EOC 92-023:-
"Anti-discrimination laws cannot be taken to proscribe or discourage consensual sexual activity, whether in the workplace or elsewhere. Hence the initial requirement that the sexual activity should be unsolicited and unwelcome. A person who makes advances, knowing that they are reciprocated, cannot be guilty of unlawful discrimination. Nor can a person who makes advances genuinely believing them to be welcome, so long as the circumstances are not such that he should, objectively, have realized that they were unwelcome. In other words, if an employer continues to make advances to the employee, against the employee's objections, then even though the employer might personally believe that the objections were not meant seriously, and that his advances were quite welcome, nevertheless he can still be guilty of discrimination. The test then will be whether the circumstances were such that he should have realized that his approaches were unwelcome."//
http://www.hklii.hk/eng/hk/cases/hkdc/2000/14.html
究竟現實機會有幾大
