LGBTQ Rights

LGBTQ Rights

Overall, Hong Kong is a liberal city in which there is a large community which supports banning sexual orientation-based discrimination

It is not illegal to be gay in Hong Kong, with same-sex sexual activity between men being legalised in 1991, and same-sex couples living together being lawfully protected.

Overall, Hong Kong is a liberal city in which there is a large community which supports banning sexual orientation-based discrimination

It is not illegal to be gay in Hong Kong, with same-sex sexual activity between men being legalised in 1991, and same-sex couples living together being lawfully protected.

However, there is nothing specified in anti-discrimination law which prevents discrimination against people purely based on

sexual orientation and gender identity.


However, there is protection drawn from other areas of Hong Kong law and international human rights standards which can provide protection for LGBT+ people, meaning that LGBT+ people do have some methods

of protection in Hong Kong!

 

There is no legal recognition of same-sex marriage or civil unions within Hong Kong, however, there has been a recent case regarding same-sex marriage, in which the ruling has lawfully acknowledge that same-sex couple need “access to an alternative legal framework in order to meet basic social requirements".


The case ruled that gay couples should be afforded equal treatment, as the general treatment of gay married couples was “discriminatory in nature”, and that the government has two years to create a framework to help this issue.

However, there is nothing specified in anti-discrimination law which prevents discrimination against people purely based on sexual orientation and gender identity.


However, there is protection drawn from other areas of Hong Kong law and international human rights standards which can provide protection for LGBT+ people, meaning that LGBT+ people do have some methods

of protection in Hong Kong!

 

There is no legal recognition of same-sex marriage or civil unions within Hong Kong, however, there has been a recent case regarding same-sex marriage, in which the ruling has lawfully acknowledge that same-sex couple need “access to an alternative legal framework

in order to meet

basic social requirements".


The case ruled that gay couples should be afforded equal treatment, as the general treatment of gay married couples was “discriminatory in nature”, and that the government has two years

to create a framework

to help this issue.

#1:

Laws for transgender people:

Laws for

transgender people:

You can lawfully change legal documents such as identity cards and passports, but you cannot change your birth certificate, under the law you need to have sex reassignment surgery to do this, however current climate suggests that there could be a change regarding this soon.

You can lawfully change legal documents such as identity cards and passports, but you cannot change your birth certificate, under the law you need to have sex reassignment surgery to do this, however current climate suggests that there could be a change regarding this soon.

Furthermore, there are NO current gender recognition laws in Hong Kong, however there is currently a push towards the creation and passing of the Gender Recognition Bill in Hong Kong.

Furthermore, there are NO current gender recognition laws in Hong Kong, however there is currently a push towards the creation and passing of the Gender Recognition Bill in Hong Kong.

The constitutional and Mainland Affairs Bureau also established The Gender Identity and Sexual Orientation Unit in 2005 to enhance equal opportunities for people of different sexual orientations and trans people

The constitutional and Mainland Affairs Bureau also established The Gender Identity and Sexual Orientation Unit in 2005 to enhance equal opportunities for people of different sexual orientations and trans people

#2:

Useful Organisations for the LGBT+

Useful Organisations for the LGBT+

People requiring support or guidance:


PrideLab: https://www.pridelab.hk/


MindHK: https://bit.ly/MindHKLGBTMentalHealth


MindHK Pride Hotline: https://bit.ly/lgbtpridehotline

People requiring support or guidance:


PrideLab: https://www.pridelab.hk/


MindHK: https://bit.ly/MindHKLGBTMentalHealth


MindHK Pride Hotline: https://bit.ly/lgbtpridehotline

Focusing on Transgender rights:


Transgender Resource Center:

https://tgr.org.hk/index.php/en/about-us/about-tgr

 

Focusing on Transgender rights:


Transgender Resource Center:

https://tgr.org.hk/index.php/en/about-us/about-tgr

 

#3:

More Resources

More Resources


Domestic and Cohabitation Relationships Violence Ordinance

(Cap.189 of the Laws of Hong Kong):


https://www.elegislation.gov.hk/hk/cap189

 

Hong Kong Basic Law and the Bill of Rights Ordinance

(Cap.383 of the Laws of Hong Kong):


https://www.elegislation.gov.hk/hk/cap383?xpid=ID_1438403137111_003


For more information on cases regarding same-sex couples:


Infinger Nick v The Hong Kong Housing Authority

HCAL 2647/2018; [2020] HKCFI 329


(https://www.doj.gov.hk/en/notable_judgments/pdf/HCAL_2647_18_2020e.pdf)


Sham Tsz Kit (“the Applicant”) v Secretary for Justice (“SJ”)

CACV 557/2020; [2022] HKCA 1247


(https://www.doj.gov.hk/en/notable_judgments/pdfCACV_557_2020e.pdf)


Ng Hon Lam Edgar v Hong Kong Housing Authority [2021]

3 HKLRD 427, [2021] HKCFI 1812, [2021] HKEC 2768


(https://www.hk-lawyer.org/content/ng-hon-lam-edgar-v-hong-kong-housing-authority)


Q v. Commissioner of Registration (FACV8/2022) [2023[ HKCFA 4 and Tse Henry Edwards v. Commissioner of Registration – breach of privacy to require sex reassignment surgery

(https://www.doj.gov.hk/en/notable_judgments/pdf/FACV_8_9_2022e.pdf)

 

Consultation paper on Part 1: Gender Recognition:


https://www.iwggr.gov.hk/eng/publications.html

 

2013 report from United Nations stating that this

SRS requirement is unlawful and degrading treatment:


https://www.refworld.org/docid/51136ae62.html


Domestic and Cohabitation Relationships Violence Ordinance

(Cap.189 of the Laws of

Hong Kong):


https://www.elegislation.gov.hk/hk/cap189

 

Hong Kong Basic Law and the Bill of Rights Ordinance

(Cap.383 of the Laws of

Hong Kong):


https://www.elegislation.gov.hk/hk/cap383?xpid=ID_1438403137111_003


For more information on cases regarding same-sex couples:


Infinger Nick v The Hong Kong Housing Authority

HCAL 2647/2018; [2020] HKCFI 329


(https://www.doj.gov.hk/en/notable_judgments/pdf/HCAL_2647_18_2020e.pdf)


Sham Tsz Kit (“the Applicant”) v Secretary for Justice (“SJ”)

CACV 557/2020; [2022] HKCA 1247


(https://www.doj.gov.hk/en/notable_judgments/pdfCACV_557_2020e.pdf)


Ng Hon Lam Edgar v Hong Kong Housing Authority [2021]

3 HKLRD 427, [2021] HKCFI 1812, [2021] HKEC 2768


(https://www.hk-lawyer.org/content/ng-hon-lam-edgar-v-hong-kong-housing-authority)


Q v. Commissioner of Registration (FACV8/2022) [2023[ HKCFA 4 and Tse Henry Edwards v. Commissioner of Registration – breach of privacy to require sex reassignment surgery

(https://www.doj.gov.hk/en/notable_judgments/pdf/FACV_8_9_2022e.pdf)

 

Consultation paper on Part 1: Gender Recognition:


https://www.iwggr.gov.hk/eng/publications.html

 

2013 report from United Nations stating that this

SRS requirement is unlawful and degrading treatment:


https://www.refworld.org/docid/51136ae62.html

Nothing on this website is intended to be nor

should be construed as legal advice.

This is an educaional project created by students.

Please consult your lawyer for legal advice.

Nothing on this website is intended to be nor

should be construed as legal advice.

This is an educaional project created by students.

Please consult your lawyer for legal advice.