Rape and Domestic Violence: The law criminalizes rape, including spousal rape, and police enforced the law effectively. Activists voiced concerns that rape was underreported, especially within the ethnic minority community, but acknowledged the police responded appropriately in reported cases.
The government regarded domestic violence against women as a serious concern and took measures to prevent and prosecute offenses. The law allows victims to seek a three-month injunction, extendable to six months, against an abuser. Although the law does not criminalize domestic violence directly, abusers may be liable for criminal charges under other ordinances. The government effectively enforced the law and prosecuted violators, but sentences typically consisted only of injunctions or restraining orders.
The law covers molestation between married couples, homosexual and heterosexual cohabitants, former spouses or cohabitants, and immediate and extended family members. It protects victims under age 18, allowing them to apply for an injunction in their own right, with the assistance of an adult guardian, against molestation by their parents, siblings, and specified immediate and extended family members. The law also empowers the court to require that the abuser attend an antiviolence program. In cases in which the abuser caused bodily harm, the court may attach an authorization of arrest to an existing injunction and extend both injunctions and authorizations for arrest to two years.
The government maintained programs that provided intervention, counseling, and assistance to domestic violence victims and batterers. The government continued its public information campaign to strengthen families and to prevent violence.
Activists reported domestic violence was more prevalent against ethnic minority women.
Sexual Harassment: The law prohibits sexual harassment or discrimination on the basis of sex, marital status, and pregnancy. The law applies to both men and women, and police enforced the law effectively.
Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of children; manage their reproductive health; and have access to the information and means to do so, free from discrimination, coercion, or violence.
Discrimination: Women enjoy the same legal status and rights as men. The SAR’s sexual discrimination ordinance prohibits discrimination on the grounds of sex or pregnancy status, and the government generally enforced this antidiscrimination law.
According to gender-rights activists and public policy analysts, while the law treats men and women equally in terms of property rights in divorce settlements and inheritance matters, women faced discrimination in employment, salary, welfare, inheritance, and promotion.
The law authorizes the EOC to work towards the elimination of discrimination and harassment as well as to promote equal opportunity between men and women. A Women’s Commission served as an advisory body for policies related to women, and a number of NGOs were active in raising problems of societal attitudes and discrimination against women.
Birth Registration: All Chinese nationals born in the SAR, on the PRC mainland, or abroad to parents of whom at least one is a PRC-national Hong Kong permanent resident acquire both PRC citizenship and Hong Kong permanent residence, the latter allowing the right of abode in the SAR. Children born in the SAR to non-Chinese parents, at least one of whom is a Hong Kong permanent resident, acquire SAR permanent residence and qualify to apply for naturalization as PRC citizens. Registration of all such statuses was routine.
Child Abuse: The law mandates protection for victims of child abuse (battery, assault, neglect, abandonment, and sexual exploitation), and the government enforced the law. The law allows for the prosecution of certain sexual offenses, including against minors, committed outside the territory of the SAR.
The government provided parent-education programs through its maternal and child health centers, public education programs, clinical psychologists for its clinical psychology units, and social workers for its family and child protective services units. Police maintained a child abuse investigation unit and in collaboration with the Social Welfare Department ran a child witness support program. A law on child-care centers helped prevent unsuitable persons from providing childcare services.
Early and Forced Marriage: The legal minimum age of marriage is 16, and parents’ written consent is required for marriage before the age of 21. There was no evidence of early or forced marriage in the SAR.
Sexual Exploitation of Children: There were reports of girls under the age of 18 from some countries in Asia being subjected to sex trafficking in the SAR.
The legal age of consent is 16. Under the law a person having “unlawful sexual intercourse” with a victim under 16 is subject to five years’ imprisonment, while having unlawful sexual intercourse with a victim under 13 carries a sentence of life imprisonment.
The law makes it an offense to possess, produce, copy, import, or export pornography involving a child under the age of 18 or to publish or cause to be published any advertisement that conveys or is likely to be understood as conveying the message that a person has published, publishes, or intends to publish any child pornography. Authorities generally enforced the law. The penalty for creation, publication, or advertisement of child pornography is eight years’ imprisonment, while possession carries a penalty of five years’ imprisonment.
International Child Abductions: The SAR is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at travel.state.gov/content/childabduction/en/legal/compliance.html.
The Jewish community numbered 5,000 to 6,000 persons and reported few acts of anti-Semitism during the year. There were concerns within the Jewish community about some religious rhetoric heard from the otherwise moderate Muslim community.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment, education, access to health care, air travel and other transportation, and the provision of other state services, including access to the judicial system and the government generally enforced these provisions. The government generally implemented laws and programs to ensure that persons with disabilities have access to buildings, information, and communications, although there were reports of some restrictions.
The Disability Discrimination Ordinance states that children with special education needs must have equal opportunity in accessing education. It is against the law for a school to discriminate against a student with a disability. According to the government, students with significant or multiple disabilities are, with parental consent, placed in special segregated schools, while students with less significant disabilities are enrolled in mainstream schools. There were occasional media reports about alleged abuses in education and mental health facilities; the most recent court case involving such abuses was in 2011.
The SAR implemented a range of legislative, administrative, and other measures to enhance the rights of persons with disabilities. Some human rights groups reported that the SAR’s Disability Discrimination Ordinance was too limited and did not oblige the government to promote equal opportunities.
The Social Welfare Department provided training and vocational rehabilitation services to assist persons with disabilities, offered subsidized resident-care services for persons considered unable to live independently and offered places for preschool services to children with disabilities, and provided community support services for persons with mental disabilities, their families, and other local residents.
Persons with disabilities filed legal cases indicating instances of discrimination against persons with disabilities persisted in employment, education, and the provision of some public services. The law calls for improved building access and sanctions against those who discriminate. Access to public buildings (including public schools) and transportation remained a serious problem for persons with disabilities.
Some persons with disabilities protested that the government discriminated against them with respect to social security assistance.
According to the EOC, the SAR lagged in providing equal opportunities for students with disabilities, despite having operated an integrated education policy since 1997.
Although 94 percent ethnic Chinese, Hong Kong is a multi-ethnic society with persons from a number of ethnic groups recognized as permanent residents with full rights under the law. The law prohibits discrimination, and the EOC oversees implementation and enforcement of the law. The EOC maintained a hotline for inquiries and complaints concerning racial discrimination. The EOC’s code of practice (along with selected other EOC materials) was available in Hindi, Thai, Urdu, Nepali, Indonesian, and Tagalog, in addition to Chinese and English.
The government has a policy to integrate non-Chinese students into the SAR’s schools and provided a special grant for some schools to develop their own programs, share best practices with other schools, develop supplementary curriculum materials, and set up Chinese-language support centers to provide after-school programs. Activists and scholars noted that programs encouraging predominantly Chinese schools to welcome minority students backfired, turning certain schools into “segregated institutions.” These schools reportedly did not teach Chinese to the non-ethnic Chinese students. Students who did not learn Chinese had significant difficulty entering university and the labor market, according to government and NGO reports.
Activists continued to express concern that there was no formal government-sponsored course to prepare students for the General Certificate for Secondary Education examination in Chinese, a passing grade from which is required for most civil service employment. The government provided funds to subsidize the cost of these examinations. The government began accepting alternate credentials for Hong Kong students to enter the SAR’s universities, though scholars assessed ethnic minority students faced a tough choice between either preparing for the General Certificate examination, which would enable entry into many civil service jobs, or preparing for alternate tests, which might enable entry into the SAR’s universities.
Activists and the government disputed whether new immigrants from the mainland should be considered as a population of concern under antidiscrimination laws. While concerns were raised that new immigrants do not qualify to receive social welfare benefits until they have resided in the SAR for seven years, the courts upheld this legal standard. Such immigrants could apply on a case-specific basis for assistance.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
No laws criminalize consensual same-sex sexual activity. While the SAR has laws that ban discrimination on the grounds of race, sex, disability, and family status, no law prohibits companies or individuals from discriminating on grounds of sexual orientation or gender identity; there are also no laws that specifically aid in the prosecution of bias-motivated crimes against members of the LGBTI community.
The government claimed public education and existing civil and criminal laws were sufficient to protect the rights of the LGBTI community and that legislation was not necessary. A small community of religious organizations continued to lobby the government and campaign actively to prevent the SAR’s recognition of same-sex marriage. LGBTI professionals are permitted to bring foreign partners to the SAR only on a “prolonged visitor visa.” Successful applicants, however, cannot work, obtain an identification card, or qualify for permanent residency.
LGBTI persons were able to arrange large scale activities, including pride marches and other community events.