Time for change: no more gender specific and sexual orientation approach under the law on sexual offences in Hong Kong

Abstract

Sexual offences are protected in Hong Kong under the Crimes Ordinance. However, the laws governing sexual offences are discriminate on grounds of gender and sexual orientation. In a modern society, laws should not be subject of unnecessary discrimination. It should set out the rights of citizens and ensure the enjoyment of these rights. It is unjust to retain offences that are in favour of a particular gender and it is discriminating to retain offences that are targeting people with different sexual orientation. This paper examines and evaluates the use of gender specific and sexual orientation approach in sexual offences and provides suggestions for improvement. This paper concludes it is time for a change, no more gender specific and sexual orientation approaches under the law on sexual offences in Hong Kong.