Harassment

What is ‘harassment’?

Harassment is when a person causing discomfort to another person by either their words or actions.

In Hong Kong, harassment is not a crime and there is no fixed definition of what harassment is and is not. Instead, there are many different laws that cover things that could be harassment (such as the Offences Against the Person Ordinance, Crimes Ordinance, Theft Ordinance, Summary Offences Ordinance, Public Order Ordinance or the Personal Data (Privacy) Ordinance).

Examples of harassment may include:

1. Revealing another person’s personal information publicly (for example, posting their HKID or passport details on social media)
2. Walking around a place or loitering with intention to commit a crime (for example a money lender or their agent waiting around to harass a borrower)

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Harassment in civil law

• In addition to the criminal element of harassment, a person can get a solution to the harassment by being paid by the harasser as compensation. This is known as the tort of harassment. To prove harassment in this form, the harassment must be repeated conduct (action) which would cause the other person to be worried, emotional distress or annoyance.
• Walking around a place or loitering with intention (wanting to) commit a crime (for example, a money lender waiting around an area to harass a borrower)

What can I do if someone is harassing me?

If you are being harassed, you can consider making a report to the police, who may then investigate the harasser.

Another option is to get an injunction from the court. An injunction is a court order to stop doing an action immediately and in the future, because the action causes harm to someone or something.

If you want to get an injunction, it is recommended that you speak to a lawyer about the injunction procedure. If you cannot find or pay for a lawyer, you may consider contacting one of the organisations listed below under ‘resources’ for help.

There are different types of injunctions you can get. Injunctions can include court orders against:

1. Causing or allowing harassment, nuisance or intimidation of the person, or family members of the person;
2. Causing or allowing trespass of the property of the person
3. Approaching or contacting the person’s family members
4. Printing or producing materials that have offensive or sensitive information about the person

If the Court orders an injunction and the harasser breaks it, the harasser may be found guilty of ‘contempt of court’. This is a criminal offence that could result in the harasser going to jail or paying a fine (or both).

Helpful Tips

• Make it clear to the harasser that you do not accept the harassment.
• Document whenever someone harasses you, including details of the date, time, location of the incident. This will be important evidence if you decide to pursue a case against the harasser.
• Stay safe. If the harasser might be putting your life in danger, seek help immediately and call the police as soon as possible.
• If the harassment involved indecent assault or a sexual offense, seek help from the police or an NGO listed below.
• Do not delay taking action from the harassment. The longer time you wait and do not take action, the most likely it is that the harasser might put you in a dangerous situation or position. Take care of yourself and seek support when you need it.