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Miss Nisha Mohamed Barrister-at-law

Miss Nisha Mohamed Barrister-at-law. Sexual Orientation Discrimination. History of the Bill. Sexual Orientation Discrimination Bill Introduced by Anna Wu and Lau Chin Shek 94/95 Telephone survey: 85% public disapproved Concern : Encourage homosexual behaviour Importance :

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Miss Nisha Mohamed Barrister-at-law

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  1. Miss Nisha Mohamed Barrister-at-law Sexual Orientation Discrimination

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

  3. Re-introduction of the Bill • Government attempts to educate public and plan to introduce the Bill later • Home Affairs Bureau:another telephone survey involving sexual minority and religious groups, 18-64 age group: • Awareness of different sexual orientations • Attitudes towards homosexuals • Acceptance of homosexuals • Rights of homosexuals • How to address the problem • To form advisory group, & draft bill only if there is support

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

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

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

  7. Conclusion • For/ against the Law? • Government’s focus based on public opinion • Arguments for: • Law needed: sexual orientation discrimination is prevalent • 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 • Concerns more moral than legal • implementing the law has benefits of legal consequences being imposed, and thus acts as a deterrent against discrimination • SUCCESS ULTIMATELY DEPENDS ON PUBLIC VIEWS • Currently only venue for complaints: • Gender Identity and Sexual Orientation Unit (GISO) • A 2-year pilot scheme, effectiveness yet to be seen

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