On 26 January 2016, the EOC released the findings of the Study on Legislation against Discrimination on the Grounds of Sexual Orientation, Gender Identity (SOGI) and Intersex Status, which was commissioned to the Gender Research Centre of the Hong Kong Institute of Asia-Pacific Studies at The Chinese University of Hong Kong (CUHK). The study featured a territory-wide telephone public opinion survey with 1,005 respondents, as well as qualitative findings collected from three public forums; 13 public focus groups including those with strong concerns, interviews with 61 respondents from the LGBTI community in 14 focus groups; and online and postal submission of opinions. The study also conducted legal review and analysis of comparable anti-discrimination legislation in other jurisdictions, including those with similar legal systems to Hong Kong and those which share similar Chinese cultural characteristics and influences, namely Taiwan and Macau.

The study revealed that discrimination against lesbian, gay, bisexual, transgender and intersex (LGBTI) people is a common occurrence in Hong Kong. Importantly, the study also found that public opinion has visibly shifted in favour of legislation against discrimination on the grounds of sexual orientation, gender identity and intersex status. Over half (55.7%) of the telephone survey respondents agreed with legislation – nearly doubled the comparable figure from a decade ago.   Notably, the vast majority  (91.8%) of youth considered anti-discrimination legislation necessary, while nearly half (48.9%) of those with religious beliefs also concurred.

Dr. York CHOW, the EOC Chairperson, said, “These results indicate that there is a significant change in public opinion in support of legislation over the last decade. Given the demonstrably strong support from young people on this issue, public opinion will likely continue to shift in favour of legislation over the coming years. The EOC, therefore, calls on the Government to consider conducting a public consultation on introducing anti-discrimination legislation on grounds of sexual orientation, gender identity and intersex status as soon as possible, so that everyone in the community can express their views and play a part in the formulation of the legislation.”

In addition to calling for public consultation on potential anti-discrimination legislation, the study also made a number of recommendations for action. First, the Government is encouraged to give further consideration to explore claims about possible discrimination on the grounds of religion or belief, given that there are few studies about the extent of discrimination on these grounds in Hong Kong. Other recommendations include encouraging dialogue and better understanding between different groups on the issue of LGBTI discrimination through various avenues such as public forums or workshops; ensuring frontline Government officials and staff of public bodies who are providing public services are given appropriate training and guidelines to avoid discriminatory behaviour; widening public education to dispel myths and misconceptions about LGBTI people; and expanding support measures targeted at LGBTI people to ensure their equal participation in society.

Read the press release
Read the study report
Report Highlights

On 27 January 2016, the EOC Chairperson, Dr York CHOW, published an opinion article in the South China Morning Post and Ming Pao Daily to call on the Government to take concrete action to end exclusion and discrimination against sexual minorities, by launching public consultation on introducing anti-discrimination legislation on the grounds of sexual orientation, gender identity and intersex status as soon as possible. Dr Chow stressed the evidence of discrimination, as demonstrated in the findings of the EOC’s Study on Legislation against Discrimination on the Grounds of Sexual Orientation, Gender Identity and Intersex Status, published on 26 January. He emphasised that “the consultation should focus on the scope and content of the legislation, such as relevant definitions, applicable domains and exemptions, rather than whether there should be legislation.” He also reiterated the need to ground public discussions in facts and recognise that there are divergent views even within distinct communities and groups. While noting the concerns expressed by some groups relating to anti-discrimination legislation and potential encroachment on freedom of religion and speech, and privacy rights, Dr. Chow explained that it is possible for such concerns to be successfully balanced with equal rights for the LGBTI community, including through exemptions. Dr. Chow further highlighted the need for compassion and greater understanding: “Whatever our differences, we all belong to Hong Kong. LGBTI individuals are members of the community just like anyone else – they are our family members, colleagues, neighbours, customers and friends. More must be done to ensure that no one faces the indignity of exclusion and discrimination because of who they are,” wrote Dr. Chow.

Read the South China Morning Post article (in English)
Read the Ming Pao Daily article (in Chinese)

To promote the messages of inclusion for all, the EOC has launched the Equal Opportunities Slogan Competition. The themes to cover include: racial equality, inclusion of persons with disability, gender equality and respect for persons with different family status. In not more than 30 words for each slogan, applicants may submit up to 3 slogans on any of these themes in either English or Chinese. There are two divisions for entry: Youth (18 years old or under) and Open (19 years old or above). The deadline for submission is 30 June 2016. Please see the link below for more details.

Details

To widen awareness of equality among the general public, the EOC has arranged for the production and broadcast of a series of new one-minute radio segments on various equal opportunities-related issues on Commercial Radio 1 (FM881) between December 2015 and mid-February 2016. The topics covered include: protection against sexual harassment under the SDO; the EOC’s smart phone apps; prevention of pregnancy discrimination; and the EOC Micro Film Competition. For the second phase of the radio promotion to be launched in February and March 2016, the segments will promote the inclusion and respect for domestic workers; the EOC’s smart phone apps; elimination of disability and race discrimination; work-life balance; and enhancing accessibility.

The promotional segments will be uploaded onto the websites of the EOC and Commercial Radio for the public to listen.

Listen to the radio segments (in Cantonese only)