How are Hong Kongers Protected from Anti-LGBTQ+ Hate Crimes?

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Clara Philippi

Clara Philippi graduated from the LLM Human Rights programme at HKU in 2022.

Brief Summary:
There is no explicit legislative protection from anti-LGBTQ+ hate crimes in Hong Kong. However, alternative pathways to redress are available for the LGBTQ+ community. This article lays out what acts constitute prohibited hate crimes, what penalties they carry for their perpetrators, and how victims and bystanders can report them to the authorities to make Hong Kong a safer place for LGBTQ+ persons. 

    In a 2013 study of lesbian, gay, and bisexual people in Hong Kong, roughly 70% of respondents reported that they had been the victim of some sort of physical or non-physical violence based on their sexual orientation [1]. Such acts included verbal abuse and insults, sexual violence, and physical attacks, all of which constitute so-called hate crimes. Hate crimes are crimes that are motivated by prejudice against a person based on one of their characteristics, such as their sexual orientation or gender identity. While data on the prevalence of hate crimes in Hong Kong is sparse, based on the available research it appears that LGBTQ+ people in Hong Kong have been experiencing an increase in violence throughout the past decade [1]. 
    While there is no universally accepted definition of the types of acts constituting a hate crime, many countries have enacted domestic legislation that protects their citizens from violence based on their sexual orientation and/or gender identity. Hong Kong, on the other hand, has no statutory framework against LGBTQ+ hate crimes. However, this does not mean that LGBTQ+ people in Hong Kong are left without protection from violence. In fact, most forms of hate crimes are covered by existing Hong Kong laws and can thus be reported to the police. 
    According to the aforementioned study, verbal abuse was the most common form of hate crime experienced by the Hong Kongers surveyed. 90% of those who had experienced some form of violence reported being called names or being verbally insulted with homophobic language [1]. While insulting someone is not in itself a punishable offense under Hong Kong law, the usage of offensive language in certain public places is prohibited. For instance, in hospitals, the airport, public service vehicles, and the MTR, insulting someone can result in a fine. In the MTR, using “threatening, abusive, obscene or offensive language” or molesting a person to “wilfully interfere with [their] comfort” is punishable by a maximum penalty of 5000 HKD [2]. 
    Over 40% of surveyed lesbian, gay, or bisexual Hong Kong youth reported being victims of gossip or insults based on their sexual orientation [1]. In view of the role social media plays in such bullying, it is important to consider protection offered from online verbal harassment. While Hong Kong has not yet enacted any cyber-bullying specific legislation, threats sent through digital communications could amount to criminal intimidation under the Crimes Ordinance [3]. Moreover, sending someone messages via telecommunication that are “grossly offensive or of an indecent, obscene or menacing character” is punishable under the Summary Offences Ordinance [4]. 
    While physical attacks towards LGBTQ+ people occur less frequently than verbal harassment, they are a worrying occurrence regardless, due to the potentially grave repercussions for the victim. Under the Offences against the Person Ordinance, physical assault and causing bodily harm to another person carry a maximum punishment between 1 and 3 years of imprisonment, depending on the severity of the act and its consequences [5]. Acts of violence might fall under this category, even if no actual physical harm is suffered [6]. Death threats, which straddle the border between verbal and physical violence, can result in imprisonment of up to 10 years [7]. 
    Despite a lack of explicit protection from anti-LGBTQ+ hate crimes in Hong Kong, members of the LGBTQ+ community can invoke a plethora of provisions to gain access to redress if they fall victim to hate crimes. Both as a potential victim and a potential offender, it is important to remain cognizant not to take these acts lightly - committing acts of physical or non-physical violence towards another based on their sexual orientation or gender identity are serious crimes, which can result in lengthy prison sentences. There are multiple channels to turn to if you yourself have become the victim of a hate crime or if you witness someone being harassed. If the situation is currently ongoing, call 999. Remember that even if no physical harm has - yet - occurred, leveraging violence against another is a punishable offense and it is thus appropriate to consult the police. If harassment is occurring on MTR premises, report it to staff, who are aware of the relevant by-laws and can aid you in making a report. If you wish to report a crime after it has already occurred, use the Hong Kong Police Force’s e-Report Center, which is accessible via their website (https://www.erc.police.gov.hk/cmiserc/CCC/PolicePublicPage?language=en). You do not have to provide any personal data for this method of reporting, so it can be done anonymously if you wish to protect your identity. 
    Hate crimes can have serious consequences for their victims, but can also carry life-altering penalties for their perpetrators. Thus, it is most important to prevent them from occurring in the first place. One vital aspect thereof is the creation of public awareness and the eradication of other types of discrimination against LGBTQ+ people [8]. Therefore, we can all do our part in working towards the reduction of hate crimes in Hong Kong by remaining open and accepting towards each other and calling out discrimination and harassment when we encounter it. 

Bibliography
[1] Stotzer, R. L. & Lau, H. (2013). Sexual Orientation-Based Violence in Hong Kong, Asian-Pacific Law and Policy Journal (14) 84-107 http://blog.hawaii.edu/aplpj/files/2013/02/APLPJ_14.2_Stotzer-Lau.pdf
[2] Mass Transit Railway By-laws (Cap. 556B), Article 28H
[3] ‘Should Hong Kong Legislate on Cyberbullying? If so, how?’, HKreform.gov.hk, Entry No. 21 https://www.hkreform.gov.hk/en/docs/essay21_2015.pdf
[4] Summary Offences Ordinance (Cap. 228), Art 20(a)
[5] Offences against the Person Ordinance (Cap. 212), Arts 19, 39, 40
[6] ‘Offences Against the Person’, Morley Chow Seto Solicitors https://www.mcs.com.hk/offencesagainsttheperson/
[7] Offences against the Person Ordinance (Cap. 212), Art 15
[8] ‘Preventing Hate Crimes In Your Community’, The United States Departement of Justice https://www.justice.gov/hatecrimes/preventing-hate-crimes-your-community