[Interview with Zhu Minjian] Equal Opportunities Reorganization and Advocacy for Enterprise to Deal with Sexual Harassment 8 Universities First

Political situation

Written by: Zhou Lixi

2020-04-28 07:00

The problem of sexual harassment is omnipresent, and it cannot be ignored anytime, anywhere, and workplace sexual harassment is the hardest hit. The Equal Opportunities Commission plans to reorganize its structure, including setting up a task force on anti-sexual harassment within this year, to review the improvement of relevant legal provisions, and to vigorously promote the code of sexual harassment prevention that is currently proposed to various agencies. Equal Opportunity Chairman Zhu Minjian revealed in an interview with "Hong Kong 01" that he hopes that large institutions can create additional jobs specifically dealing with sexual harassment in the future, and the principals of the eight universities in Hong Kong have agreed in principle to the recommendations.

At the end of last year, the "external report" of a review report criticized the lack of interaction between the "Complaints Division" and the "Legal Services Section" of the equal opportunity. Zhu Minjian pointed out that the equal opportunity plan to reorganize the two departments will be led by an executive director, and the two departments are also improving. The link is close to the "day-to-day" cooperation to follow up the case and reduce the inconvenience of the complainant.

As for the work of equal rights for gay people, Zhu Minjian believes that it is possible to "come from easy to difficult". He hopes to start legislative work from the basic rights of a niche minority and gradually strive for commercial and legal rights. Eventually, society may reach a consensus on same-sex marriage.

Zhu Minjian pointed out that the Equal Opportunities Task Force on Sexual Harassment will be established within the year and will promote the establishment of special posts for large organizations to deal with sexual harassment. The principals of the eight universities in Hong Kong have agreed in principle to the relevant recommendations. (Photo by Gao Zhongming)

Affected by social movements and epidemic situation, the 8th Congress has set up a special place to deal with sexual harassment

Zhu Minjian revealed that this year will set up a special group "anti-sexual harassment unit", that is, the anti-sexual harassment task force, with the assistance of the Legal Services Branch, to comprehensively review the provisions on sexual harassment in the Sex Discrimination Ordinance and promote the existing provisions. Improve space. In addition, I also hope that the group will carry out promotion and education work, for example, to promote social organizations to set restrictions on sexual harassment as much as possible. If the organization has sufficient human resources, it may even set up posts dedicated to dealing with sexual harassment.

With such a huge reform, Zhu Minjian has met with the principals of the eight aided universities in Hong Kong, and they have agreed in principle to the relevant work, including the creation of posts. However, due to social movements and epidemic conditions, progress is currently slow; He hopes that the new team will make more contacts, assist SMEs to formulate rules to prevent sexual harassment, and coordinate the establishment of specialized posts in large institutions. Equal Opportunities has also contacted the education sector and the sports sector. Zhu hopes to make concrete progress as the epidemic passes, and hopes to focus more on community promotion and education.

Zhu Minjian also mentioned that he hopes that the team will cooperate with social welfare organizations and NGOs, including Wind and Rain, which focuses on women ’s sexual violence, and the Samaria Suicide Prevention Association. Or you can get support as soon as possible. "Zhu hopes that after adding a group, he can play a more active role in providing effective assistance to suspected victims of sexual harassment.

At the initial stage of the establishment of the new task force, there were 4 employees expected. Zhu Minjian pointed out that no staff has been hired yet, but the relevant resources are ready. In terms of structure, we will refer to the "Ethnic Affairs Group" established in 2015, that is, established under the Director of Equal Opportunities Operations, to become an independent working group.

Internal reorganization adds Executive Director, Complaints Division and Legal Services Division

In the "Review Report on Governance, Management Structure and Complaint Handling Procedures" published by the Equal Opportunities at the end of last year, a report written by an external consultant and former High Court Judge Rui Anmou criticized the Complaints Division responsible for handling complaint cases and was responsible for providing legal The Legal Services Section of the Opinion has a "mountainism" culture. The staff of the two Sections used to rarely contact each other and ask for advice from each other. The situation is not ideal. Zhu Minjian said that the content pointed out in the report has been completely resolved, especially the "mountainism" aspect, because the equal opportunity is planning to reorganize, and an "executive director" (executive director) will lead the two groups, which is different from the past. The operations of the five major work departments under the equal opportunity are managed by the chief operating officer.

Zhu Minjian explained that in the past, the problem was that there was a "firewall" between the two groups. If the complainant tried to reconcile in the "Complaints Division" and failed, he would need to provide information to the Legal Services Division again to obtain legal advice. It is because the focus of forensics is different that there is no communication; and under the current "victim-oriented" work objective, in order to avoid repeating the victim's forensics process, the two departments must maintain close contact when handling cases. Close to the department day-to-day (updated daily). "

Zhu Minjian believes that there is no problem in providing equal legal advice to the complainant, as long as the content has a legal basis, based on the evidence obtained, without subjectiveness, there is no problem. (Photo by Gao Zhongming)

Legal services Services Division has changed the conventional example by mentioning claimants to seek legal advice to reduce the outsourcing lawyer

Equal Opportunities used to be based on the principles of neutrality and equality. They were criticized for not providing legal advice. For example, when the complainant wants to weigh a case to consider settlement or should go to court, the Equal Opportunity has always insisted on the complainant's own judgment. Zhu Minjian pointed out that after referring to the recommendations of the review report and discussing internally with the Equal Opportunities, they believed that there was no problem in providing these legal opinions. As long as the opinions had a legal basis and were based on the evidence obtained by the investigation, there was no subjective component and a complaint The opinion that the person or the victim wants to get, "I think it's quite different."

Former Director of the Executive Office of the Independent Commission Against Corruption and Secretary-General of the Superintendent's Committee, Zhu Minjian believed that the complainant would rely on the equal opportunity of rich experience in handling related complaints to provide legal advice, and he knew that other law enforcement agencies also had similar practices.

In addition, many outsiders criticized that even though Opportunity had a legal services section, it needed to go to court for litigation, but it was outsourced to other lawyers. Zhu Minjian pointed out that this approach was originally based on the equal opportunity to worry that the Legal Services Branch, while providing legal advice, would also handle prosecution work, which would violate the "firewall" principle of conflicts of interest. However, after analysis, the EOC believes that this conflict can be resolved internally. The appropriate case does not necessarily need to be dealt with by an outsourcing lawyer. Only when it involves special laws such as labor laws, should it be considered for outsourcing experts.

I hope that one day, if there is a complainant on the phone conversation, I will listen, "I talk to my boss on the day of the piano, I am out of the counter, I am a homosexual person, I'm frying today, frying on this reason Slap me, I hope that the equal opportunity can fight for justice with me ", and I hope that at that time, there are laws that can equalize the opportunity to follow up.

Equal rights for gays should be promoted from the basic rights of easy entry to same-sex marriage

One of the most concerned jobs in equal opportunities is dealing with issues such as discrimination against sexual orientation and equal rights for comrades. Zhu Minjian reiterated that he personally agreed to legislation on anti-sexual discrimination, but admitted that even if the number of people who opposed same-sex marriage has declined in recent years, the proportion of supporters and opponents in the society is still in the "six to four ratio", not far away, Therefore, if the "Ultimate Law" is sacrificed at present, I am afraid that it will cause fierce protests by opponents.

Zhu Minjian believes that the content of the relevant legislation should be studied first, and it should be dealt with gradually from "easy to difficult". He also mentioned that he mentioned this idea on different occasions in the past year. He found that sexual minorities and conservative groups believe that this is preferable and worthwhile. Explore first.

So where should legislative work start? Zhu Minjian believes that it can be divided into three levels, starting with individual rights first, and dealing with less controversial parts. "I hope that one day, if there is a complainant on the phone conversation, I will listen," I talk to my boss on the piano day, I ’m out of the cabinet, I ’m a gay person, I ’m speculating today, I ’m using this reason I ’m going to fire up my squid, I hope that the equal opportunity can fight for justice with me, and I hope that at that time, there are laws that can equalize the opportunity to follow up. "He gave an example if someone was unemployed because of sexual orientation, or there were college students The campus is popular with classmates and teachers, and the equal opportunity can help them, which will be a great progress in equality.

Equal Opportunities is currently studying how to draw up provisions to deal with this level of rights. Zhu Minjian pointed out that the consultation process will be carried out in the society afterwards, but emphasizes that Equal Opportunities can only make recommendations to the government, and the legislation is ultimately still government work.

After completing the above work, Zhu Minjian pointed out that he could pay attention to the reaction of the society at that time, and then study the rights protection of sexual niche in other social activities, such as business and legal rights, including the treatment of inheritance. He pointed out that Equal Opportunity had entrusted a law building to do research and listed 21 areas of Hong Kong law that fall into these categories. If certain changes are made, it will also promote the progress of gay equality.

Zhu Minjian believes that when the basic rights and related legal rights of sexual minorities are legally guaranteed, the legal status of the rights of the entire sexual minority community will be very clear, and finally the most complex same-sex marriage issues can be dealt with. He pointed out that this issue involves the social structure, and hopes that after dealing with the first two levels of sexual niche rights, the opposition will become less, or at least make it easier for the community to reach consensus on this issue.

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