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Laws

HONG KONG

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Asylum / Refugees
  Civil Unions
Custody of Children
Discrimination
Fostering Children
Gender Identity
Harassment
Hate Crimes
  HIV/Aids
Homosexuality
Immigration
Inheritance
In Vitro Fertilisation (IVF)
Marriage
Military
  Partners
Parenting
Property
Sodomy
Transgender, Transsexual
Violence
Wrongful Death

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Age of Consent Legislation/Cases/References
1.

Region

In October 2006, Hong Kong's government caved in to a challenge against its gay sex laws, effectively lowering the homosexual age of consent from 21 to 16 [R1.1]

2.

Courts & Tribunals

In August 2005, a Hong Kong judge ruled that laws against gay sex - including one that demands a life sentence for men under 21 who engage in sodomy - are unconstitutional and discriminatory [R2.1]

R1.1 IOL (South Africa), World News: Hong Kong Drops Challenge Against Gay Sex Law 17 OCT 06
R2.1 Leading the Charge: Judge: Gay Sex Laws in Hong Kong Illegal 24 AUG 05
Assisted Reproduction Technology
Artificial Insemination, In Vitro Fertilisation, Surrogacy
Legislation/Cases/References
1.

Region

Artificial insemination treatment for single women and women in a same-sex relationship is not permitted [R1.1].

R1.1 ILGA: State-Sponsored Homophobia PDF 109.64kb NOV 08
Asylum, Immigration, Refugees Legislation/Cases/References
1.

Region

The Immigration Department reportedly accepts applications for changes related to a person's identity, including gender changes, on Hong Kong identity cards and passports [R1.1].

R1.1 AsiaTimes Online: Hong Kong plays transgender catch-up 17 NOV 09
Discrimination Legislation/Cases/References
See also: [HARASSMENT]
1.

Region

Hong Kong currently has three Equal Opportunities Ordinances prohibiting discrimination on the grounds of gender, family status and disability [R1.1]. There is no legislation covering sexual orientation, Quaere "gender identity" not included.

The law in the Special Administrative Region offers no formal protection against discrimination on the basis of sexual orientation [R1.2].


In March 1996, the Home Affairs Bureau drafted a 60+ page consultation paper entitled "Equal Opportunities: A Study on Discrimination on the Ground of Sexual Orientation" and after further submissions published the paper in June 1996 [R2.1], [R2.2].

It was reported that the Home Affairs Panel of the Legislative Council of the Hong Kong Special Administrative Region had initiated discussion and consultation regarding the issue of discrimination on the basis of sexual orientation which could possibly lead to legislative protection. However, the Hong Kong government intervened to indicate its objections to this possibility.

In August 2001, the Legislative Council (LegCo) in Hong Kong held a public hearing about the desirability of legal measures to provide protection on the ground of sexual orientation (such as an equal opportunity bill, domestic partnership, equality in age of consent, etc.) [R2.3]. The outcome is unknown.

R1.1 South China Post: Social Acceptance Not Enough, Equal Rights for Gays Must be Next 12 AUG 02
R1.2 IGLHRC Alert/China: Support Hong Kong Tongzhi Activists' Struggle for anti-discrimination legislation 10 DEC 00
R2.1 Legislative Council Panel on Home Affairs: Discrimination on the Ground of Sexual Orientation 17 NOV 00
R2.2 Civil Rights for Sexual Diversities: Draft response to Panel on Home Affairs paper DEC 00
R2.3 IGLHRC Update: "China: Support Anti-Discrimination Legislation in Hong Kong" 16 AUG 01
Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/References
1.

Region

The Births and Deaths Registration Ordinance, prevents a person from changing his or her sex on a birth certificate, despite government funding of both the gender therapy and reassignment surgery [R1.1].

R1.1 AsiaTimes Online: Hong Kong plays transgender catch-up 17 NOV 09
Homosexuality, Sodomy Legislation/Cases/References
1.

Region

In 1991, consensual sex between same-sex couples was decriminalized [R1.1].

2.

Courts & Tribunals

In August 2005, a Hong Kong judge ruled that laws against gay sex - including one that demands a life sentence for men under 21 who engage in sodomy - are unconstitutional and discriminatory [R2.1]

R1.1 IOL (South Africa), World News: Hong Kong Drops Challenge Against Gay Sex Law 17 OCT 06
R2.1 Leading the Charge: Judge: Gay Sex Laws in Hong Kong Illegal 24 AUG 05
Marriage Legislation/Cases/References
1.

Region

Hong Kong law does not allow same-sex marriage [R1.1].

2.

Courts & Tribunals

In November 2009, the High Court was to judicially review the Registrar of Marriage's refusal to recognize the changed gender of a post-operative transgender woman who sued the city of Hong Kong for the right to marry a man [R1.1].

R1.1 AsiaTimes Online: Hong Kong plays transgender catch-up 17 NOV 09
Violence Legislation/Cases/References
1.

Region

On 16 December 2009, the Legislative Council approved legislation on a third reading, amending its Domestic Violence Ordinance to include same-sex cohabitants [R1.1].

The "Domestic and Cohabitation Relationships Violence Ordinance" commenced on 01 January 2010 [L1.2], [R1.2].

In June 2009, the Government announced that the Domestic Violence Ordinance will remove all references to marriage or gender and refer to "cohabitation partnerships" [R1.3].

R1.1 PinkNews.co.uk: Hong Kong strengthens same-sex domestic violence laws 31 DEC 09
L1.2 Department of Justice: Chapter 189 – Domestic and Cohabitation Relationships Violence Ordinance PDF 97.52kb (Accessed 08 FEB 10
R1.2 IGLHRC: Same-Sex Couples Included in the Amended Domestic Violence Law 22 DEC 09
R1.3 PinkNews.co.uk: Gay couples to be protected by Hong Kong domestic violence law 04 JUN 09

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