Since 1991, homosexual intercourse is legal in Hong Kong. Before this, male homosexual intercourse was illegal, with the maximum sentence being life imprisonment. The Legislative Council agreed to decriminalize "buggery" after the public debate that arose in the 1980s.
Until 2005, there was an unequal age of consent: 21 for male/male sex as opposed to 16 for heterosexual (lesbian sex was not mentioned in the law). Specific sexual offences - "buggery" and "gross indecency" - continued to apply if one or both of the partners were below the age of 21. In 2005, the unequal age of consent was struck down by the Hong Kong Court of First Instance in Leung TC William Roy v. Secretary for Justice (HCAL160A/2004). Justice Hartmann found that the legislation was unconstitutional under the Bill of Rights Ordinance, violating the right to equality.[1][2] The ruling was upheld by the Hong Kong Court of Appeal in Secretary for Justice v. Leung TC William Roy (CACV317A/2005).
Thus, since 2006, there is an equal age of consent of 16, for both heterosexual and homosexual sex.
However, on 2007-10-18, a 17-year-old male (19 at count) was adjudicated guilty for sodomizing with a 15-year-old male (RTHK). In 11/15/2007, the former was sentenced to 20 months in jail on 4 charges of homosexual buggery with or by man under 21 (Crimes Ordinance - Sect 118C) & indecent assault (Apple Daily (Chinese), Ming Pao (Chinese)). Although the judge did mention that all sex acts with whatever gender under 16 was already illegal, the case was judged under Sect 118C. As of September 2006, no revision has been made to the deemed unconstitutional laws.
[edit] Anti-discrimination laws
The Hong Kong Bill of Rights Ordinance 1991 prohibits discrimination on a variety of grounds, including "other status". In the case of Leung T. C. William Roy v. Secretary for Justice (2005), this has been interpreted to include sexual orientation. Nevertheless, the Hong Kong Bill of Rights Ordinance only protects against discrimination by government authorities.[1]
Beginning in 1993, several attempts have been made to introduce sexual orientation anti-discrimination legislation. Unlike the Bill of Rights Ordinance, this would cover discrimination beyond government authorities, in areas such as employment or the provision of goods and services. So far, all of these attempts have failed.
[edit] Recognition of same-sex relationships
Same-sex marriage or civil unions are not currently recognised in Hong Kong.
Nonetheless, in June 2009, the Hong Kong Government announced that it would recognise cohabitating same-sex couples in its Domestic Violence Ordinance.[3]
[edit] LGBT rights activism and culture
There are several gay-rights organizations in Hong Kong, such as Rainbow Action and Tongzhi Culture Society. In 2003, the Catholic Church of Hong Kong released an article condemning same-sex marriage. In response to this, a group of protesters rushed into a church and interrupted the service.
On 2006-09-07, RTHK broadcasted a programme called ” Gay. Lovers”. It was criticized and accused of promoting homosexuality, and generated significant controversy in Hong Kong. On one hand, people believed that RTHK should speak for the minority and it was objective enough in that program. On the other hand, some people believed that the program was encouraging people to be gay.
In Jan 2007, the Broadcasting Authority ruled that the RTHK-produced programme ” Gay. Lovers” was "unfair, partial and biased towards homosexuality, and having the effect of promoting the acceptance of homosexual marriage." On 2008-05-08, Justice Michael Hartmann overturned the ruling of the Broadcasting Authority that ” Gay. Lovers”'s discussion on same sex marriage was deemed to have breached broadcasting guidelines for not including anti-gay views. [2]
Hong Kong is among the more accepting regions in Asia for LGBT people. A 2007 Gallup poll found that 56% of Hongkongers believed that the city was a "good place" for homosexuals, while 35% believed that it was "not a good place".[4]
http://en.wikipedia.org/wiki/LGBT_rights_in_Hong_Kong
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