Hong Kong’s LGBT community left disappointed by long awaited report on discrimination against sexual minorities
A long-awaited report on discrimination against sexual minorities was finally released yesterday, but its failure to call on legislative work sparked anger within the advisory group appointed by the government.
The release of the document was rushed, according to group member and gay lawmaker Ray Chan Chi-chuen, who said he was not notified of the government’s publication schedule until after the report was made public.
In wording that disappointed rights activists, the report recommended “a further study” on other jurisdictions to inform “future consultation” on both legislative proposals and administrative measures.
However, it said: “All [six] jurisdictions covered in the research except Taiwan enacted anti-discrimination law in a self-contained piece of legislation.”
The group also called on the government to draw up a non-discrimination charter to be voluntarily adopted by employers, schools and landlords, as well as training for teachers, medical practitioners and social workers.
It comes as 40 per cent of respondents to the study said they had encountered discrimination in the workplace, including unwelcome verbal conduct.
Hong Kong’s lesbian, gay, bisexual and transgender communities have for years been asking for wider recognition of their rights. But their bid for legislation to outlaw discrimination based on sexual orientation was dashed on the last day of the year that saw some Western counterparts cheer the introduction of same-sex marriage.
Professor Fanny Cheung Mui-ching, the group’s chairperson and founder of Chinese University’s gender research centre, said members were “of different backgrounds who hold divergent views”. She said: “I trust the recommendations represent a practicable package at this juncture.”
But a leading rights activist called the package “extremely disappointing”.
“It took two years to discuss, and the conclusion is to ‘further study’ whether to hold public consultation [over whether to legislate to protect sexual minorities from discrimination]? This is unacceptable,” said Brian Leung Siu-fai, of LGBT rights group Big Love Alliance.
Chan, a People Power lawmaker, criticised the group for declining his suggestion to state in the report that 70 per cent of the members actually supported legislative work.
“The report has been toned down and is very conservative now,” said Chan. “The current administration is absolutely not sincere in launching legislative work at all.”
Leung said the points on better public education and training for frontline staff are necessities for an international city such as Hong Kong, and would not have taken so much time to come up with.
The non-legally-binding charter, he added, would be all but useless. He said: “There is neither punishment for those who don’t follow it, nor inducements for those who do. How would any company take it seriously?”
Apart from the advisory group, the Equal Opportunities Commission is also preparing for a feasibility study on legislating against discrimination on the ground of sexual orientation.
The group suggested that the government also take into account the findings in the upcoming report.
A government spokesman said it would study the report carefully and consider the way forward in consultation with the various stakeholders.
