Submission to the Legislative Council Bills Committee on Registration of Same-sex Partnerships Bill
Established in 1997, the Association Concerning Sexual Violence Against Women (the Association) is dedicated to fostering a gender-equal environment. Through its services, education, and advocacy, the Association strives to raise public awareness and address issues related to sexual violence, advancing victim-survivors' rights.
The Association firmly believes in the fundamental human rights and dignity of every individual, affirming their right to live free from infringement and discrimination. Combating sexual and gender-based violence necessitates fostering a societal environment of equity and respect for diversity. Societal and systemic discrimination and stigmatisation, in any form, often worsen the challenges victim-survivors encounter when seeking external help. Excluding the social needs of same-sex partners from the system due to sexual orientation unequivocally contravenes the principle of equity, thereby indirectly fostering unwarranted social hierarchies, prejudice, and degradation.
The Association considers the government's proposed Registration of Same-sex Partnerships Bill to offer a very limited degree of legal protection. The Bill, introduced after the Court of Final Appeal's ruling, would only acknowledge same-sex partnerships registered abroad and restrict the scope of rights to healthcare and post-mortem arrangements. Nevertheless, the Association views the legal recognition, protection of equal opportunities, and fundamental rights for individuals of varying sexual orientations through the legal system as symbolically significant, representing a crucial stride towards gender equity in Hong Kong.
The Association supports the passage of the Registration of Same-sex Partnerships Bill by the Legislative Council and holds the following positions:
Further expand the scope of rights to cover significant needs in daily life (e.g., housing, inheritance of property, hospital visits, prison visits, etc.), ensuring that the fundamental social needs of same-sex partners are legally protected and recognised, thereby achieving true equity.
Abolish the "overseas registration" requirement, thereby allowing same-sex partners in Hong Kong to register locally. This would remove geographical and economic limitations, thus eliminating discriminatory treatment.
The government should proactively implement gender equity education to foster societal awareness regarding respect for diversity and the elimination of discrimination. This will help reduce sexual and gender-based violence stemming from prejudice, and ensure that individuals of all genders and sexual orientations can live with dignity in Hong Kong.
The Association urges all sectors to engage in rational discussion. Members of the Legislative Council are encouraged to carefully consider their influence, refraining from stigmatising communities of diverse sexual orientation, gender identity, and expression in their comments. Crucially, they should not lead in promoting discriminatory attitudes. Such actions would not only jeopardise social harmony but also diminish Hong Kong's international image.
Sexual violence affects individuals across all genders and sexual orientations. Research from the Les Corner Empowerment Association indicates that nearly 23.6% of female sexual minority respondents have experienced sexual violence in intimate relationships. Similarly, a 2021 survey of 117 gay men by the Boys' and Girls' Clubs Association of Hong Kong's "Project Touch" revealed that 41.9% had experienced image-based sexual violence, and 30.8% had experienced non-consensual penetration or sexual assault. Furthermore, ongoing surveys conducted by Quarks and the Association show that transgender individuals frequently experience sexual violence. Negative societal attitudes towards sexual minorities also impact victim-survivors' willingness to seek help.
The Association is dedicated to promoting gender equality and striving for a society that is free from sexual violence. A social system devoid of prejudice and discrimination, equitable laws, and an all-gender-friendly social environment are all essential to ensuring that victim-survivors from diverse backgrounds feel secure in seeking help. The Association believes that legislation to protect the rights of same-sex partners will undoubtedly contribute to eliminating discrimination and cultivating an inclusive society, which can effectively prevent various forms of sexual violence. Hong Kong society is generally prepared to embrace diversity, and the Association urges the Administration and members of the Legislative Council to respond proactively, reviewing the Bill with a forward-looking, practical, and positive attitude, thereby taking a crucial step towards building a gender-equal society.