Miss Nisha Mohamed Barrister-at-law

Sexual Orientation Discrimination Bill Sexual Orientation Discrimination Bill Introduced by Anna Wu and Lau Chin Shek 94/95 Introduced by Anna Wu and Lau Chin Shek 94/95 Telephone survey: 85% public disapproved Telephone survey: 85% public disapproved Concern: Encourage homosexual behaviour Concern: Encourage homosexual behaviour Importance: Importance: Set moral standard for community Set moral standard for community Penalize and deter discriminatory acts Penalize and deter discriminatory acts Prompt implementation of policies for right of the public Prompt implementation of policies for right of the public Defeated twice by narrow margin Defeated twice by narrow margin

Government attempts to educate public and plan to introduce the Bill later Government attempts to educate public and plan to introduce the Bill later Home Affairs Bureau: another telephone survey involving sexual minority and religious groups, age group: Home Affairs Bureau: another telephone survey involving sexual minority and religious groups, age group: Awareness of different sexual orientations Awareness of different sexual orientations Attitudes towards homosexuals Attitudes towards homosexuals Acceptance of homosexuals Acceptance of homosexuals Rights of homosexuals Rights of homosexuals How to address the problem How to address the problem To form advisory group, & draft bill only if there is support To form advisory group, & draft bill only if there is support

Based on existing discrimination ordinances Based on existing discrimination ordinances Aims to prohibit direct & indirect discrimination, harassment, victimization and serious vilification Aims to prohibit direct & indirect discrimination, harassment, victimization and serious vilification Apply to both private and public sectors Apply to both private and public sectors If passed and made into law, enforcement body: Equal Opportunities Commission If passed and made into law, enforcement body: Equal Opportunities Commission

Increase in Same Sex Marriages? Increase in Same Sex Marriages? Unlikely as need to have separate reform on marriage law e.g. Belgium, Netherlands, Canada Unlikely as need to have separate reform on marriage law e.g. Belgium, Netherlands, Canada UK: Civil Partnership Act 2004 UK: Civil Partnership Act 2004 Equal Access? Equal Access? Not only homosexuals/bisexuals, but to heterosexuals, and all sexual minorities Not only homosexuals/bisexuals, but to heterosexuals, and all sexual minorities Restriction on Freedom of Opinion? Restriction on Freedom of Opinion? Freedom of speech enshrined in Basic Law Freedom of speech enshrined in Basic Law Can still air moral views, but no harm to targets Can still air moral views, but no harm to targets The law should clearly draw the boundaries The law should clearly draw the boundaries Promote homosexuality? Promote homosexuality? Some argue that sexual orientation is determined at birth Some argue that sexual orientation is determined at birth Other argue that environment may also play a role Other argue that environment may also play a role

Bill of Rights, International Covenant on Civil and Political Rights, Basic Law Bill of Rights, International Covenant on Civil and Political Rights, Basic Law All make reference to non-discrimination All make reference to non-discrimination One may argue that some form of legislation is necessary to ensure these rights are protected One may argue that some form of legislation is necessary to ensure these rights are protected

For/ against the Law? For/ against the Law? Government’s focus based on public opinion Government’s focus based on public opinion Arguments for: Arguments for: Law needed: sexual orientation discrimination is prevalent Law needed: sexual orientation discrimination is prevalent Equality for all, not just a privileged few sexual minorities Equality for all, not just a privileged few sexual minorities In application of the law, e.g. dismissal due to sexual orientation, burden of proof is on applicant In application of the law, e.g. dismissal due to sexual orientation, burden of proof is on applicant Concerns more moral than legal Concerns more moral than legal implementing the law has benefits of legal consequences being imposed, and thus acts as a deterrent against discrimination implementing the law has benefits of legal consequences being imposed, and thus acts as a deterrent against discrimination SUCCESS ULTIMATELY DEPENDS ON PUBLIC VIEWS SUCCESS ULTIMATELY DEPENDS ON PUBLIC VIEWS Currently only venue for complaints: Currently only venue for complaints: Gender Identity and Sexual Orientation Unit (GISO) Gender Identity and Sexual Orientation Unit (GISO) A 2-year pilot scheme, effectiveness yet to be seen A 2-year pilot scheme, effectiveness yet to be seen