BBC: HK gay sex rules 'discriminatory'

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HK gay sex rules 'discriminatory'
Last Updated: Wednesday, 24 August

HK gay sex rules 'discriminatory'

A Hong Kong judge has ruled that laws prohibiting gay sex by men under the age of 21 are unconstitutional.

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A 20-year-old gay man, William Roy Leung, had challenged Hong Kong's existing laws on the issue.

They allow sex between heterosexuals and lesbians from the age of 16, but anyone under the age of 21 who engages in sodomy could face life in prison.

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Mr Hartmann said the current laws were "demeaning of gay men who are, through the legislation, stereotyped as deviant".

The laws prohibit "gross indecency" or sexual intimacy between men if one or both are younger than 21.

Welcomed

Gay rights activists welcomed the ruling, saying that 63 men have been arrested under the laws in the past five years.

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"It's the first time that sexual orientation has been upheld as a protected ground against discrimination in a Hong Kong court," he was quoted as saying by the Associated Press.

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What do you think of the ruling that current laws are discriminatory? Have you been affected by laws prohibiting gay sex for men under 21 in Hong Kong? Send us your comments and experiences using the form at the bottom of the page.


I grew up in Hong Kong. Being queer in that city is isolating enough, given its lack of social programs and clubs/bars, and its homophobic atmosphere. As a queer woman coming of age in that city 7m people, I felt alone, confused and ignorant. I can't imagine what it must have been like for my male counterparts, having that extra level of fear that, even should they *find* someone to love (which is hard enough!), they'd be thrown in jail because of it. Being queer in HK sucked-- I'm glad this ruling will ease the situation somewhat.
Jo McFetridge, Hong Kong / Vancouver

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I have been affected by laws prohibiting gay sex for men under 21 in the UK. These laws cause great suffering, confusion and discrimination towards the affected young men. The perverse issue here is that law abiding people suffer the most as these people get pulled in two opposite directions.
Shane James, Exeter, UK

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This is excellent news. It is high time that such archaic laws and beliefs were stamped out. However, Hong Kong is just the tip of a very large Chinese iceberg and many more gay men are suffering discrimination on mainland China. There is much more of a struggle to come, but this is certainly a huge breakthrough.
Andrew Fyall, London


No, personally I don't think the current laws are discriminatory. If the age is lowered to 16 years old, Hong Kong will be opening their doors to more gay sex. I don't think the HK want to be labelled as the sex city of the Far East.
Tony, London