LGBTQ+ rights in Hong Kong
- arcrchk
- Sep 29, 2022
- 3 min read
By: Anu Subramanian Senthilkannan
Before exploring this topic, we must understand the definition of certain terms. For example, LGBTQ+. What is it in the first place? LGBTQ+ is an acronym that stands for lesbian, gay, bisexual, transgender, queer or questioning and more. This is used to refer to anyone who is transgender and / or same or similar gender attracted. It is really useful because it shows that there are a diverse range of sexualities and gender identities.
A lesbian is a woman or someone who identifies as female who is only attracted to people of the same or similar gender. A gay person is a man or someone who identifies as a man who is only attracted to people of the same or similar gender. A fun fact is that lesbians could also be referred to as gay. A bi-sexual person is someone who is attracted to all genders. Transgender, bianry and non-binary people have also been included in this since the “Bisexual Manifesto” came out in 1990. Transgender is used when a person doesn’t identify with the gender associated with the sex they were assigned at birth. Queer can be used as a specific identity but it is often considered as an umbrella term used to describe anyone who is not cisgender or heterosexual. However, it could also be used as a slur so it should not be used for all members of the community, and should only be used by cisgender and heterosexual people when referring to a person who explicitly identifies with it. Questioning is when someone might be unsure of their sexual orientation and / or gender identity. The plus symbolises all of the other gender identities and sexual orientations that these five initials do not specifically cover.
All these different identities and sexualities have existed forever but this acronym designed to include all of them only came about recently. Before, everything was collated into one thing, “the gay community” then “the gay and lesbian community” but fortunately, after much evolving, this acronym, “LGBTQ+” has been created. And, words and meanings are always evolving so who knows? Maybe, a new acronym will be created in the future.
Hong Kong is a very diverse country, it has so many different nationalities and cultures. However, is it also diverse in terms of gender and sex? Well, the answer is, not exactly. According to SCMP, same-sex sexual acts were only decriminalised 31 years ago with the legal age of consent differing for homosexuals and heterosexuals. This inequality was only ruled unfair in 2006 while some sexual offences which only existed for homosexuals or had greater punishments for them were only ruled unfair in 2019. Another fact is that legal protection against discrimination for sexual or gender orientation has been debated by the Legislative Council since the mid 1990s. There are four authoritative rules against discrimination for sex, race, family status and disability but in terms of sexual orientation and gender identity, there is no clear and complete protection. The big injustice here is that due to the Bill of Rights, the government and public bodies cannot discriminate on these grounds, but there is no law like this in the private sector. While the Constitution and Mainland Affairs Bureau encourages both public and private sector organisations to pledge to create a code of practice against discrimination in employment on these grounds, it is not legally binding. And these are just a few of the inequalities.
However, it is not all bad. According to a telephone survey by the Sexualities Research Programme at Chinese University of Hong Kong, released in 2020, the number of people opposing LGBTQ+ legal rights in Hong Kong is now quite low (12%) compared to the number of people opposing it in 2016 (35%).
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