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Student Legal Blog

.Read articles written by students from the University of Hong Kong on LGBT+ rights recognition and development in Hong Kong, sharing their opinions and endeavor to the elimination of social injustice.

Conversion Therapy in the United Kingdom and Hong Kong

7/4/2022

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Jenny Yau

​Image Source: Christian Times

Jenny Yau is a HKU law student enrolled in the JD programme.

The 2020 UN Report on conversion therapy defines conversion therapy as an umbrella term for the belief that “gender and sexual orientation can be changed” and practices which encourage this belief. [1] Conversion therapy has been banned in many countries, and the UN independent expert on gender and sexual orientation has called for an international ban on conversion therapy. [2] However, such practices still exist in a sort of legal gray area. This is partially due to a wide range of practices that can be considered conversion therapy. While some extreme forms such as corrective rape are illegal in the United Kingdom and Hong Kong, other practices such as counselling are still allowed under law. Despite this, the fact that other jurisdictions have successfully implemented a ban on conversion therapy through legislation, such as Australia and Taiwan, highlights that this can be done and should be done. 

There has been a considerable push towards a complete ban of conversion therapy in the United Kingdom over the last few years, but progress has still been slow. In 2018, a ban on conversion therapy was promised under the UK’s LGBT equality plan, and this promise was echoed in 2020 by Prime Minister Boris Johnson. [3] Despite this, the BBC also reported in August that a report on conversion therapy which was commissioned in 2019 has still not been publicized, and many believe that the UK government has been “dragging their feet on this issue”. [4] Currently, the Government Equalities Office is holding consultations on the issue and have said that they “do not intend to ban” conversion therapy in the form of counselling for consenting adults. [5] This demonstrates that the UK government’s unwillingness to completely take conversion therapy off the table - the creation of such loopholes in a proposed ban of conversion therapy will only further destabilize conversion therapy’s position in the law and will likely result in more harm for the LGBTQ+ community.

Currently, conversion therapy is also a legal gray area in Hong Kong, as there is no legislation on banning these practices. In 2010, the government refused to ban conversion therapy despite campaigning from the LGBTQ+ community, and there have been reports of religious groups such as the New Creation Association offering therapy that encouraged people to “abstain” from identifying as LGBTQ+. [6] A poll conducted by the Chinese University between 2018 and 2020 indicated that over 20% of parents considered “sending their children to conversion therapy” after finding out about their sexuality, particularly due to their traditional views on family and their belief that others would find it shameful. [7] Although there is limited data on the practice conversion therapy in Hong Kong, what we do know seems to indicate that conversion therapy is still considered as a possible option to “cure” people of their gender and sexual orientation, especially for the older generation. This is a dangerous and damaging way of viewing gender and sexual orientation that puts the LGBTQ+ community at risk of further discrimination and attack. 

Unfortunately, the prospect of a ban on conversion therapy in Hong Kong is at the moment quite unlikely. The Equalities Commission, which has been vocal about other areas of LGBTQ+ rights in the law denied to say outright if it “supported conversion therapy or not” when questioned by the South China Morning Post, indicating a lack of focus on this issue in Hong Kong. [8] The little amount of data available on this topic will also make it harder for legal reform to be enacted. 

The UN Report on Conversion Therapy indicated that conversion therapy “can amount to torture” and is considered “degrading treatment”. [9] If accepted by the government, this would mean that conversion therapy is a contravention of the Convention Against Torture and Article 7 of the ICCPR, two international treaties that Hong Kong is a party to. [10][11] This is one possible path through which conversion therapy could be banned legally in Hong Kong. However, the lack of information on the topic and refusal of the government’s refusal to consider such a ban indicates that this possibility will not be happening anytime soon, and the United Kingdom’s example also indicates that even when progress is made, the implementation of a complete ban on conversion therapy can be a very complicated process.


[1] United Nations, Report on conversion therapy, Human Rights Council. (June 2020). https://undocs.org/A/HRC/44/53

[2] 
OHCHR, "'Conversion therapy' can amount to torture and should be banned says UN expert," OHCHR, last modified July 13, 2020, https://www.ohchr.org/EN/NewsEvents/Pages/ConversionTherapy_and_HR.aspx

[3] Harry Farley and Eleanor Lawrie, "What is conversion therapy and when will it be banned?," BBC News (London), May 11, 2021.

[4] Jessica Parker, "Government accused of 'burying' conversion therapy report," BBC News (London), August 5, 2021.

[5] 
Aubrey Allegretti, "Conversion therapy to be restricted but not banned in proposed bill," Guardian (London), October 29, 2021.

[6] 
Rachel Blundy, "Hong Kong's LGBTI youth still at risk as authorities ignore international calls to ban 'conversion therapy,'" South China Morning Post (Hong Kong, Hong Kong), December 3, 2016.

[7] Ho-Him Chan, "Support group shows Hong Kong parents struggling to accept that their children are LGBTQ, they are not alone," South China Morning Post (Hong Kong, Hong Kong), April 3, 2021.

[8] Chan, "Support group,".


[9] OHCHR, "'Conversion therapy,'" OHCHR.

[10] “Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment”, open for signature 10 December 1984, United Nations Treaty Series, vol. 1465.

​[11] 
“International Covenant on Civil and Political Rights”, open for signature 16 December 1966, United Nations Treaty Series, vol. 999.



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