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]

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]

Region

On 15 July 2012, Mr Justice Lam in the Court of First Instance of the High Court dismissed a case seeking a declaration from the High Court that the complainant's rights of assembly, procession and expression under the Basic Law and the Bill of Rights were infringed by police action preventing a dance programme performed on the street as part of the celebration of IDAHO in May 2011. Reference HCAL 102/2011 [R1.1].

Region

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

Region

In July 2011, partners of gay professional reportedly may obtain an extended visitor's visa or de facto relationship visa, allowing the partners of homosexuals who have a work visa to stay as long as they remain in the relationship. Gay partners may not work, do not get an ID card or qualify for permanent residency after seven years. The visa must be renewed at least every six months [R1.2].

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].

Region

Hong Kong currently has three Equal Opportunities Ordinances prohibiting discrimination on the grounds of gender, family status and disability [R1.5]. 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 [R1.4].

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 [R1.3], [R1.2].

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.) [R1.1]. The outcome is unknown.

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].

Region

In November 2011, the Hong Kong College of Psychiatrists made an announcement on sexual orientation and the efficacy of faith-based 'therapies' – making it the first psychiatric or psychological professional body in Asia known to have done so. The College opines that homosexuality is not a psychiatric disorder and that at present, no sound scientific and clinical evidence supporting the benefits of attempts to alter sexual orientation [R1.2].

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

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]

Region

Hong Kong law does not allow same-sex marriage [R2.1].

Courts & Tribunals

On 13 May 2013, the Court of Final Appeal, ruling 4-1 in W v. Registrar of Marriages, found that the Basic Law and the Bill of Rights protected the right to marry and allowing a transgender woman to marry her boyfriend, effective in 12 months to give the government time to change marriage laws [C2.6], [R2.5].

On 01 March 2012, a transgender woman seeking to overturn a legal ban on marrying her boyfriend, reportedly won the battle to take the case to Hong Kong's highest court [R2.4].

On 25 November 2011, the 3-judge Court of Appeal denied "W", who had a male-to-female sex change operation in 2008, the right to marry her boyfriend. The case was expected to go to the Court of Final Appeal [R2.3].

Previously:

On 05 October 2010, High Court Judge Andrew Cheung refused permission for post-operative trans woman "W" to marry, ruling that he saw no evidence to support "a shifted societal consensus in present day Hong Kong regarding marriage to encompass a postoperative transsexual" [R2.2].

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 [R2.1].

Region

On 16 December 2009, the Legislative Council approved legislation on a third reading, amending its Domestic Violence Ordinance to include same-sex cohabitants [R1.4].

The "Domestic and Cohabitation Relationships Violence Ordinance" commenced on 01 January 2010 [L1.3], [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" [R1.1].