15 May 2008

HKG102840.E

Hong Kong: Situation and treatment of homosexuals; availability of state protection and support services (2005 - May 2008)
Research Directorate, Immigration and Refugee Board of Canada, Ottawa

Homosexuality was decriminalized in 1991 in Hong Kong (AI 29 June 2007; ILGA 29 June 2005; Pink News 16 Oct. 2006; FTD 7 Feb. 2008). In its Country Reports on Human Rights Practices for 2007, the United States (US) Department of State reports no cases of "societal violence or discrimination based on sexual orientation" in Hong Kong (US 11 Mar. 2008, Sec. 5). A news article in the Financial Times Deutschland (FTD) states that "[h]omosexual people are broadly accepted" in Hong Kong (7 Feb. 2008).

In July 2007, the Court of Final Appeal in Hong Kong confirmed a lower-court ruling that legislation banning "public gay sodomy" was discriminatory (AP 17 July 2007; Pink News 18 July 2007). In 2006, the appeal had upheld a lower-court ruling striking down legislation prohibiting homosexual sex between men under 21 years old, given that the age of consent for heterosexual sex is 16 years (AP 21 Sept. 2006; IOL 16 Oct. 2006; Pink News 16 Oct. 2006; AI 2007).

In 2005, the Home Affairs Bureau (HAB) hired a market and social research firm to conduct a survey on public attitudes towards homosexuality (Hong Kong 21 Oct. 2005). The survey was based on a random sample of 2,068 respondents with a response rate of 50.1 percent (Hong Kong 31 Mar. 2006, Para. 6). The survey, released in March 2006, yielded the following results:

The survey gauged the respondents' attitudes towards homosexuality. An overwhelming majority (88.8%) of the respondents considered that there is no direct relationship between homosexuality and work ability, while 61.1% shared the same view with regard to the relationship between homosexuality and promiscuity. There were however divided views on whether homosexuals are psychologically normal people. 47.0% of the respondents considered homosexuals are psychologically normal people while 41.9% thought otherwise. Similarly, divergent views emerged on whether there is conflict between homosexuality and family values. 49.1% of the respondents considered there is conflict between homosexuality and family values, while 41.2% thought otherwise. 38.9% of the respondents opined that homosexuality contradicts the morals of the community, while 49.0% thought otherwise. ...

On public acceptance of homosexuals in specific situations, the respondents tended to accept homosexuals more as colleagues (79.9%), neighbours (78.0%), superiors in office (77.5%), friends (76.1%) than as teachers (60.2%) and family members (40.0%). ...

The survey sought the views of the respondents on their perception of the seriousness of discrimination faced by homosexuals in Hong Kong. About one-third (29.7%) of the respondents considered that at present, discrimination against homosexuals because of their sexual orientation was "very serious/serious" in Hong Kong, while about a quarter (25.2%) found the situation "posed little problem/no problem at all". By way of comparison, about two-fifths (41.1%) of the respondents who had frequent contact with homosexuals found the problem "very serious/serious".

29.7% of the respondents considered discrimination against homosexual students at school "very serious/serious", while 30.3% considered it "posed little problem/no problem at all". Less than one-fifth (13.2%-17.6%) of the respondents considered discrimination against homosexuals with regard to job application, flat rental and club membership "very serious/serious". On the other hand, at least 30% (30.4%-39.3%) of the respondents opined that the situation "posed little problem/no problem at all". (Hong Kong 31 Mar. 2006, Paras. 9-12)

The HAB states that homosexuals should have the same rights as other citizens and affirms its commitment to the elimination of all forms of discrimination (Hong Kong 28 Apr. 2008a). As such, the HAB has published the Code of Practice Against Discrimination in Employment on the Ground of Sexual Orientation (ibid. 28 Apr. 2008b). However, article 3.4 of the Code provides an exception under which sexual orientation could be taken into consideration in special circumstances as follows:

Government does not condone discrimination of any kind and considers that a person's sexual orientation should not be a consideration in the selection process. But it accepts that there may be very special circumstances where it could be a consideration, such as where the job entails -

a. employment in the domestic environment, particularly where the employee is required to live [with] the employer

b. the job entails the performance of duties entirely or substantially outside of Hong Kong, particularly in countries where the laws or customs are such that the duties could not, or could not effectively, be performed by the applicant. (ibid.)

However, in 2005 Hong Kong Human Rights Monitor (HKHRM) stated that the Code was "only a list of recommendations" and added that "sexual minorities in Hong Kong have no legal redress against discrimination" (20 May 2005). In a news article published in March 2006, the Deputy Secretary of the HAB is quoted as saying that "neither the government nor the public is ready for an anti-gay discrimination law" (365gay.com 10 Mar. 2006).

The HAB also operates the Gender Identity and Sexual Orientation Unit (GISOU) (Hong Kong n.d.), which was established in May 2005 (Hong Kong 17 Aug. 2007). The GISOU is responsible for promoting equal opportunities for sexual minorities; the public can contact it by email or phone to obtain information or lodge complaints about discrimination (ibid.). According to statistics for the period of 1 July 2006 to 30 June 2007, the GISOU was contacted more than 5,000 times, mostly by email; these calls and e-mails included 21 complaints (ibid. 15 Oct. 2007).

Queer Sisters (QS) is an organization which assists lesbians (South China Morning Post 14 Apr. 2005; Toronto Star 12 Apr. 2008). QS provides workshops to the public to increase awareness of issues affecting lesbians (ibid.) and also operates a hotline (ibid.; South China Morning Post 14 Apr. 2005). Horizons is a Hong Kong-based organization that provides information, education, counselling and referral services to the public on sexual orientation and gender identity issues (Horizons n.d.a). Horizons operates a hotline which offers counselling services and also provides support group counselling for people affected by sexual orientation issues (ibid. n.d.b). Civil Rights for Sexual Diversities (CR4SD) is a Hong-Kong based (CR4SD n.d.a) non-governmental organization (NGO) promoting the rights of people who face problems because of their sexual orientation (ibid. n.d.b). CR4SD conducts research and provides resources, information and support on matters related to sexual orientation (ibid.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

365gay.com. 10 March 2006. "Hong Kong Pressed Over Gay Rights." [Accessed 29 Apr. 2008]

Amnesty International (AI). 29 June 2007. Hong Kong's Return to Chinese Sovereignty: Ten Years On. (ASA 19/001/2007) [Accessed 28 Apr. 2008]

_____. 2007. "China." Amnesty International Report 2007. [Accessed 29 Apr. 2008]

_____. July 2006. AI Lesbian, Gay, Bisexual and Transgender Network. Sexual Minorities and the Law: A World Survey. [Accessed 29 Apr. 2008]

Associated Press (AP). 17 July 2007. Sylvia Hui. "Hong Kong Rejects Gay Sodomy Ban." [Accessed 29 Apr. 2008]

_____. 21 September 2006. Sylvia Hui. "Hong Kong Court Upholds Decision Striking Down Sodomy Law." [Accessed 29 Apr. 2008]

Civil Rights for Sexual Diversities (CR4SD). N.d.a. "Contact Us." [Accessed 15 May 2008]

_____. N.d.b. "About Us." [Accessed 14 May 2008]

Financial Times Deutschland (FTD). 7 February 2008. Raphael Minder. "Cool Reception for Asia's Gay Workers." [Accessed 29 Apr. 2008]

Hong Kong. 28 April 2008a. Home Affairs Bureau (HAB). "Equal Opportunities: Sexual Orientation." [Accessed 1 May 2008]

_____. 28 April 2008b. Home Affairs Bureau (HAB). Code of Practice Against Discrimination in Employment on the Ground of Sexual Orientation. [Accessed 1 May 2008]

_____. 15 October 2007. Constitutional and Mainland Affairs Bureau (CMAB). "Gender Identity and Sexual Orientation Unit Statistics of Enquiries and Complaints Hotline." [Accessed 6 May 2008]

_____. 17 August 2007. Constitutional and Mainland Affairs Bureau (CMAB). "Gender Identity and Sexual Orientation Unit (GISOU)." [Accessed 6 May 2008]

_____. 31 March 2006. Home Affairs Bureau (HAB). "Survey on Public Attitudes Towards Homosexuals." [Accessed 5 May 2008]

_____. 21 October 2005. Home Affairs Bureau (HAB). "Telephone Opinion Survey on Homosexuals Will Start Tomorrow." [Accessed 5 May 2008]

_____. N.d. Home Affairs Bureau (HAB). "Equal Opportunities (Sexual Orientation) Awareness Day." [Accessed 6 May 2008]

Hong Kong Human Rights Monitor (HKHRM). 20 May 2005. "Sexual Orientation and Human Rights in Hong Kong: A Report Issued by the Hong Kong Human Rights Monitor." [Accessed 5 May 2008]

Horizons. N.d.a. "About Horizons." [Accessed 6 May 2008]

_____. N.d.b. "Services." [Accessed 6 May 2008]

Independent Online (IOL). 16 October 2005. "Hong Kong Drops Challenge Against Gay Sex Law." [Accessed 30 Apr. 2008]

International Lesbian and Gay Association (ILGA). 29 June 2005. "Gay Groups Blast Govt Survey as Prejudiced: Even China Accepts There Is No Psychological Basis, and Homosexual Is Not a Crime in Hong Kong. Is the Government Planning to Repeal Its Own 1991 Decriminalisation?" [Accessed 28 Apr. 2008]

Pink News [London]. 18 July 2007. Anthony Cuesta. "Hong Kong Court Ruling a Victory for Gay Rights." [Accessed 29 Apr. 2008]

_____. 16 October 2006. "Hong Kong Lowers Gay Age of Consent." [Accessed 29 Apr. 2008]

South China Morning Post [Hong Kong]. 12 April 2005. Tim Cribb. "Time for Straight Talk: Ignorance Highlighted by a Survey on the Need to Protect Gays' Rights Has Fuelled Their Concern That Little Is Being Done to Fight Discrimination." (Factiva)

Toronto Star. 12 April 2008. Julia Steinecke. "Still Challenges for Hong Kong Gays: But Chinese Rule Has Brought Progress and Night Life Is Evolving." [Accessed 14 May 2008]

United States (US). 11 March 2008. Department of State. "China (includes Tibet, Hong Kong, and Macau)." Country Reports on Human Rights Practices for 2007. [Accessed 28 Apr. 2008]

Additional Sources Consulted

Oral sources: The Chi Heng Foundation (CHF) and the International Lesbian and Gay Association (ILGA) did not provide information within the time constraints for this Response.

Internet sites, including: Advocate.com, ARC International, Asian Human Rights Commission (AHRC), Asian Legal Resource Centre (ALRC), Bilingual Laws Information System of Hong Kong, British Broadcasting Corporation (BBC), Chi Heng Foundation (CHF), China View, Department of Justice of Hong Kong, Equal Opportunities Commission (EOC), Freedom House, GayGuide.net, GlobalGayz.com, Human Rights Watch (HRW), Integrated Regional Information Networks (IRIN), International Gay and Lesbian Human Rights Commission (IGLHRC), Office of the United Nations High Commissioner for Human Rights (OHCHR), PlanetOut.com, United Kingdom Home Office Country of Origin Information Service.