Opinion | Time for Hong Kong to protect its LGBT community from discrimination

For politicians seeking to spark hope in the public, there are few better ways than enacting robust laws to protect same-sex couples

We have a vibrant gay scene and an administration that is, on balance, more openly tolerant of LGBT individuals than many in the region. We should consolidate our advantage

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People gather for the Pride Parade at Edinburgh Place in Central, Hong Kong, on November 16, 2019. Photo: Chan Ho-him

Published: 9:15am, 29 Mar 2021Updated: 9:15am, 29 Mar 2021

A Japanese court recently ruled that the state’s failure to recognise same-sex marriage was unconstitutional – a landmark verdict that came after decades of arduous campaigning.

In Hong Kong, meanwhile, a recently widowed gay man is mounting a legal case to have his relationship with his deceased partner recognised. If successful, this could pave the way for same-sex relationships to be legally recognised in the city.

What underlies both cases is their timeliness and their reflection of deeply anachronistic legal systems that are not commensurate with public interests and opinion.

Now there is no effective opposition in the Legislative Council and it could, in theory, pass whatever laws it wants to, the case for legislating to prevent discrimination over sexual orientation has never been stronger.

The current Bill of Rights Ordinance protects individuals against sexual orientation discrimination from the state and public authorities, yet few laws explicitly or effectively preclude discrimination in the private sector. Efforts by the Equal Opportunities Commission to steer the government to enact such legislation in 2016 failed, followed by little but platitudes from the administration.

There are many reasons such legislation is a great idea, aside from the obvious moral case. First, public attitudes have been rapidly shifting in favour of more progressive laws that enshrine the interests of sexual minorities.

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