Government's own bias should not guide policy
By signing international conventions on human rights, the government has accepted the case for protecting the rights of all, including sexual minorities, against discrimination. Yet, it has enacted no supporting legislation due to, it says, a lack of consensus among Hong Kong people. But is the prejudice more easily found within official ranks?
The government's rejection of a transgender person's application to marry made this plain. The woman, W, took the government to court but the High Court dismissed the challenge last year.
In schools, homophobic bullying of pupils by pupils is widespread, according to a TVB Pearl Report. And, without any scientifically rigorous teaching materials, the only literature available is supplied by those who regard homosexuality as a sin.
Meanwhile, the Social Welfare Department hired psychiatrist Hong Kwai-wah, who believes that homosexuality is sinful, to speak to its social workers. RTHK, too, saw nothing wrong in this; Dr Hong went on one of its programmes to tell listeners their gay children could be treated.
Now comes the 2011 census. If you are in a relationship that does not involve marriage to someone of the opposite sex, and you tick the 'spouse' box but also state that you have a same-sex partner, your submission will be rejected.
The Immigration Department also chooses not to recognise same-sex partnerships legally enacted elsewhere. Thus, the same-sex partner of anyone coming to work here gets no dependant visa, has no ID card and cannot take a job. Granting six-month extensions without exit is scant compensation.
In May in Causeway Bay, about 200 people marked the International Day against Homophobia. The police stopped a dance that was part of the programme as it did not have an entertainment licence. They set up a video camera to film those present. Sexual minorities are often worried about revealing their identities. The police must know this; did they set out to instil fear?
Hong Kong will report soon to the United Nations on its implementation of human rights for sexual minorities. It will try to paint a glowing picture, having instituted the Gender Identity and Sexual Orientation Unit, but it is a toothless body and safely ignored.
Does any of this matter? If you are a lesbian couple refused accommodation by a landlord; if you are a gay man refused entry to a bar; if you are a transgender person bullied at work and then sacked, yes it does. There is no redress for any of these. We need a bill against discrimination now, not least to root out the discrimination in the government's own ranks practised against its own citizens.
Nigel Collett is one of three secretaries at the Tongzhi Community Joint Meeting
