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Nonetheless, in June 2009, the Hong Kong Government extended limited recognition and protection to cohabitating same-sex couples under the Domestic Violence Ordinance. Same-sex marriage or civil unions are not recognised in Hong Kong. Main article: Recognition of same-sex unions in China This comes after 20 years of activism to change these law, in which the government either refused or delayed, the secretary for justice during the trial, however, conceded to nearly all the changes, and agreed that these laws targeting gay men are incompatible with the Basic Law. The three offences that now apply to both genders are "homosexual buggery with or by a man under 16", "gross indecency by a man with a male mentally incapacitated person", and "permitting a young person to resort to or be on a premises or vessel for intercourse, prostitution, buggery or homosexual acts". He also overturned "gross indecency by a man with a man otherwise than in private" and "procuring gross indecency by a man with a man".
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It abolished the crimes of "procuring others to commit homosexual buggery" and "gross indecency with or by a man under 16". Three further provisions were remedially interpreted such that they would no longer discriminate against homosexuals. 200) imposing higher penalties for offences committed by homosexual men. On, in the Yeung Chu Wing v Secretary for Justice case, the High Court ruled in favour of Yeung Chu-wing, an LGBT activist who brought the lawsuit against the government in 2017, and struck down four further provisions under the Crimes Ordinance (Cap. The ruling was upheld by the Court of Appeal, but the provisions were not formally removed from the Crimes Ordinance (Cap. In 2005, Justice Hartmann found that the unequal age of consent was unconstitutional under the Bill of Rights Ordinance, violating the right to equality. A lawsuit was initiated to challenge the unequal age of consent in court. LGBT rights groups lobbied the Legislative Council to equalise the age of consent law, but were told by conservative lawmakers that the legal inequality was necessary to protect youth and preserve tradition. However, an unequal age of consent was established (21 for gay men and 16 for heterosexuals) with the law remaining silent about lesbianism. As a result, in 1991 the Legislative Council agreed to decriminalise private, adult, non-commercial, and consensual homosexual relations. During the 1970s and 1980s, there was a public debate about whether or not to reform the law in line with human rights principles. Legality of same-sex sexual activityĪs a British colony, Hong Kong's criminal laws against male homosexual acts were initially a reflection of British law, with a maximum sentence of life imprisonment. Governor Murray MacLehose privately supported gay rights but he and others felt that the local community would not support decriminalisation.
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Hong Kong Special Administrative Region of the People's Republic of ChinaĬhange of sex recognised for persons who have undergone sex reassignment surgery, though change of legal gender is not as the "sex at birth" is not altered