Sexual Orientation Discrimination Legislation for Hong Kong

(еЄРUЭ)

Hong Kongs lesbian, gay, bisexual and transgendered (LGBT) community is estimated to be between 300,000 V 600,000 of the population. Since the decriminalization of homosexuality in 1991, little has been achieved in terms of legal protection for the community. Two anti-discrimination bills were proposed in 1995 and 1997 respectively and were both defeated narrowly in the Legislative Council. The LGBT community is faced with discrimination day to day without legal recourse. In 2003-04, discrimination-related cases amounted to 71, exceeding the total number of cases in family status (a legislated area) and racial (to be legislated) discrimination in the same period. Discrimination takes the form of unequal treatment, disparate effect, harassment, victimization and vilification in areas such as employment, education, provision of goods, facilities, services and membership to professional and social institutions. Because of the lack of protective law, victims of discrimination are often reluctant to make a complaint, not to mention there is no complaint mechanism throughout the government to handle sexual orientation discrimination cases. The recorded level of 71 complaints per year is only the tip of the iceberg. Many cases of discrimination went unnoticed and unreported.



In order to gauge public support of an anti-discrimination bill, the government will commission a third party to conduct a survey on public attitudes towards gays and lesbians and protective measures for them. There will be no Sexual Orientation Discrimination (SOD) Bill if there is insufficient support from the public. A recent survey within the Public Affairs Forum organized by the government showed that only 34\% of the forum members (selected from government contacts of the middle class in Hong Kong) are in favour of the bill. Another survey in the same forum showed that only 29\% of the respondents considered there was widespread sexual orientation discrimination in Hong Kong. As a member of the LGBT community, we all have witnessed instances of discrimination, if not experienced them ourselves. It is important that we voice out the need to outlaw discrimination against us. It is important that the public knows about our needs and the prevalence of discrimination before the survey takes place. If you are not a member of the LGBT community, I trust you too agree to equality for all and legislation to protect us from discrimination. Thus, I am urging you to sign this petition in support of a SOD Bill which will outlaw discrimination against us. It will also convey a strong message to the public and the government of how serious discrimination is in Hong Kong.



Summary of our position:

E SOD legislation does not warrant legalization of same-sex marriage

E SOD law is about equal access to employment, education, facilities and services

E SOD legislation does not mean nor require moral approval of homosexuals from the society

E Freedom of opinion will not be proscribed by the law

E Neither SOD law or the absence of it can promote a particular sexual orientation

E SOD is to fulfil international and constitutional obligations to eliminate discrimination

E Equal rights, not special rights

E Reverse discrimination is not an issue with the SOD law

E SOD law is about equityЁ, not charityЁ

E SOD law cannot be abused by anyone claiming to be homosexuals

E Effective elimination of discrimination requires both education and legislation

E Discrimination based on sexual orientation is prevalent in Hong Kong

E Public opinion shall be sought but not as a pre-requisite to legislation







You are encouraged to write to the Chief Executive and the Secretary for Home Affairs to express your support for the legislation:



Mr Donald TSANG Yam-kuen

Acting Chief Executive

Fax: (852) 2509 0577
[email protected]

Dr Patrick HO Chi-ping
Secretary for Home Affairs
HKSAR Government
31/F, Southorn Centre, 130 Hennessy Road,
Wanchai, Hong Kong
Fax: (852) 2591 6002
[email protected]

N.B: For HK residents, please input country as "Hong Kong".

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