Equal Opportunities: A Study on Discrimination on the ground of Sexual Orientation A Consultative Paper ------------------------------------------------------------------------------- TABLE OF CONTENT EQUAL OPPORTUNTITIES: A STUDY ON DISCRIMINATION ON THE GROUND OF SEXUAL ORIENTATION A CONSULTATIVE PAPER Chapter I. Introduction II Local Circumstances III. Survey on Sexual Orientation IV. Overseas Experience V. Possible Measures to Enhance Equal Opportunities for Persons of Different Sexual Orientation: the Legislative Option VI. Possible Measures to Enhance Equal Opportunities for Persons of Different Sexual Orientation: the Non-legislative Option VII. Invitation of Public Comments Appendix. I Meeting with Non-governmental Organisations and Interested Parties - List of Organisations and Individuals Appendix. II Cases on the Problems Encountered by Homosexuals Appendix. III Report of the Survey on Sexual Orientation ---------------------------------------- ------------------------------------------------------------------------------- ---------------------------------------- CHAPTER I INTRODUCTION 1. With the development of a more open society, people nowadays feel less inhibited to discuss the various forms of sexual orientation(#1) and the problems faced by persons who are homosexual. With increased public attention accorded to the protection of the rights of the individual, there have been calls for the elimination of discrimination on the ground of sexual orientation. This study concentrates on discrimination against homosexuals. It is however noted that some people who are homosexual are also bisexual and the problems they encounter are largely similar. 2. In the early days, understanding of homosexuality was confined to sexual activities between people of the same sex. Medical scientists later focused on the homosexual as an individual. Theories were developed that regarded homosexuality as an inherited disorder or a result of psychological disturbances. In the 1970s, a new concept emerged which looked upon homosexuality as a normal variation in sexual preference. Another school of thought regards homosexuality as a social product of heredity, environment, and personal choices. 3. Some scholars have developed a theoretical framework setting out the contemporary views regarding homosexuality. This consists of essentially four competing concepts, ranging from regarding homosexual acts as immoral and wrong to accepting same-sex acts and relationships as not materially different from the opposite sex ones.(#2) These conceptions reflect the sharply conflicting and divided attitudes towards homosexuality which are found in our society today. 4. In Hong Kong, public debate on the issue of homosexuality came to the surface in 1980 when the Law Reform Commission (LRC) examined laws governing homosexual conduct. In its report, the LRC recommended that the law should not prohibit sexual conduct in private between males over 21 years of age.(#3) This was based on the view that it should not be a function of the law to enforce moral judgment in areas where there is no need to protect others.(#4) A public consultation exercise was held in 1988 on the laws regulating homosexual acts. In 1990, the Legislative Council passed a motion in favour of removing criminal penalties relating to homosexual acts committed in private by consenting men who had reached the age of 21 and extending to men and boys the protection from sexual exploitation afforded by the Crimes Ordinance (Cap. 200) to women and girls. The Crimes (Amendment) Bill was enacted in July 1991 to give effect to these proposals. 5. The Equal Opportunities Bill ( E O B ), a Private Member's Bill introduced in the 1994-95 legislative session, revived public discussion on the issue of sexual orientation. The E O B contained provisions outlawing discrimination on the ground of "sexuality". This resulted in a public debate on the extent to which legal protection should be afforded to persons from discrimination due to their sexual orientation. 6. During the examination of the E O B , the Legislative Council Bills Committee received a number of submissions. Some groups advocated the introduction of equal opportunities legislation to safeguard the rights of sexual minorities. Others voiced concerns over controversial issues such as marriage between homosexuals and adoption of children by homosexual couples. 7. The divergent views expressed on homosexuality have highlighted the need for an in-depth study on the issue of sexual orientation and a thorough public debate to identify the problems and possible measures to address them. In order to foster equal opportunities for all individuals in society, it is necessary to enhance public awareness and obtain broad community support. The Government is committed to the principle of equal opportunities for all and is determined to eliminate discrimination. However, it is important to recognize that discrimination is closely associated with personal beliefs and social values. In this respect, the Government believes that a step-by-step approach is the best way of tackling the problem of discrimination. Accordingly, the Sex Discrimination Ordinance and the Disability Discrimination Ordinance were enacted in July and August 1995 respectively. Together these prohibit discrimination on the grounds of sex, marital status, pregnancy and disability. 8. As part of our step-by-step approach and in response to calls from the community, the Government undertook in July 1995 to conduct studies on discrimination based on age, sexual orientation, and family status. Each study includes a public consultation exercise on possible measures to tackle the problems identified. The Government also undertook to report the findings of each study to the Legislative Council within the 1995-96 legislative session. 9. This consultation document covers discrimination on the ground of sexual orientation. As part of our study, we have researched into overseas experience in handling this type of discrimination. Problems encountered by homosexuals and bisexuals, and public views on the issues concerning sexual orientation in the local context have also been examined through a series of discussions with a variety of interested organisations and individuals. In addition, a survey on public attitudes on this subject was conducted in October 1995. The document summarizes the outcome of the discussions and survey. It also sets out possible legislative and non-legislative measures to address the issues identified. 10. To assist us in deciding the appropriate measures for addressing discrimination on the ground of sexual orientation, members of the public are invited to express their views on the issues raised in this document. Details on doing this are set out in Chapter VII of this document. -------------------------------------------------------------------------- CHAPTER II LOCAL CIRCUMSTANCES 11. To gain a better understanding of the local situation concerning the issue of sexual orientation, a series of discussions with various organisations and interested parties were held in October and November 1995.These consulates included homosexual groups, religious and social service organisations, employer and employee organisations, educational establishments, human resources organisations, representatives of financial institutions, women's groups and academics. The organisations and individuals who offered their views are set out in Appendix I. In addition, submissions to the Legislative Council Bills Committee that studied the Equal Opportunities Bill (EOB) and the Sex Discrimination Bill (SDB) in the 1994-95 legislative session concerning discrimination on the ground of sexuality have also been reviewed. A summary of the local situation is outlined in the following paragraphs. Problems Encountered by Homosexuals in Hong Kong 12. There is no reliable data on the size of the homosexual community in Hong Kong. Overseas studies (#5) and small-scale local studies cited by academics, however, suggest that the proportion of homosexuals ranges from 6% to 10% of the total population. 13. In the course of our discussions with representatives of homosexual groups and counsellors who render direct services to homosexuals, we have identified a number of problems encountered by homosexuals in Hong Kong. These problems can be grouped into 4 categories which include - (a) self-rejection and self-stigmatization; (b) concealment of sexual orientation; (c) public misconceptions about homosexuality; and (d) discrimination in certain areas of activities. 14. In addition, representatives of local homosexual groups have described a number of cases that illustrate the problems encountered by homosexuals in the local context. A synopsis of some of these cases is attached at Appendix II. Self-rejection and Self-stigmatization 15. Experienced professional counsellors who provide direct services for homosexuals indicated that many homosexuals seek counselling assistance for identity problems. Many have doubts about their sexual orientation and reject their homosexual inclination. 16. Counsellors mentioned that the lack of role models in developing and maintaining homosexual relationships in Hong Kong makes it difficult for homosexuals to establish a clear perspective of their sexuality. They consider that a low level of self-acceptance, together with biased information regarding homosexuality in the local media and traditional moral values in Chinese culture, have resulted in self-rejection or even self-stigmatization among homosexuals. This state of mind deters them from seeking assistance and leads to a higher level of psychological stress. Counsellors also said that they have come across a number of cases in which homosexuals have indicated an intention to commit suicide as a result of self-rejection. Concealment of Sexual Orientation 17. Academics and counsellors who have expertise in the issue of sexual orientation share the view that one of the greatest problems faced by homosexuals and bisexuals is the process of "coming out". 18. In the context of homosexuality, the term "coming out" is often used to mean disclosing one's sexual orientation to other people. It is still uncommon in Hong Kong for homosexuals and bisexuals to disclose their sexual orientation to others. Consultees indicated that the fear of social stigma, family rejection, ridicule, blackmail and other related problems associated with being known to be a homosexual or bisexual has inhibited them from exposing their sexual orientation, even to friends and family. 19. Furthermore, representatives of homosexual groups stated that there is a on-accommodating social environment for forms of sexual orientation other than heterosexuality and that this imposes great pressure on sexual minorities. They indicated that pressure is derived from various sources, such as family, peers, colleagues, and in the context of religion. In addition, they consider that the lack of public understanding and acceptance of homosexuals has created an even stronger resistance within themselves to disclose their sexual orientation. Public Misconceptions about Homosexuality 20. Some consultees take the view that homosexual relationships are generally portrayed negatively as abnormal, unacceptable, morally deficient and inferior to heterosexual relationships. Representatives of homosexual groups said that many of these stereotypes are based on public misconceptions about homosexuality. Homosexuality and Promiscuity 21. Representatives of homosexual groups stated that without supporting evidence, homosexuals and homosexual behaviour are more associated with promiscuity by the community than heterosexuality. They also claimed that the social environment is generally hostile to homosexuals and that this allows little room for the development of stable long-term relationships. 22. Representatives of homosexual groups also asserted that some people have a misconception that all homosexual individuals have a tendency to molest and seduce young people. They consider this view to be entirely unfounded and discriminatory against homosexuals. Homosexuality and AIDS 23. Some consultees stated that another fundamental public misconception is the equation of homosexuality with the spreading of the Acquired Immune Deficiency Syndrome (AIDS). Since the condition was first recognised as a global health problem, there has been world-wide concern about the means by which it is passed from one person to another. Any group that is thought to have accelerated the spreading of AIDS is expected to be shunned by the public. However, it is now clear that there is no special linkage between homosexuality and AIDS. The transmission of AIDS occurs through unsafe sexual behaviour whether of a heterosexual or homosexual nature.(#6) Stereotypical Images Conveyed by the Mass Media 24. Representatives of homosexual groups took the view that the mass media has a significant adverse effect on the public's perception of homosexuality by conveying stereotypical images about homosexuals and homosexuality. They claimed that the mass media tends to focus on sensational issues and unorthodox behaviour such as "gay bashing" and sexual acts in public lavatories, instead of seeking to provide factual information and neutral analysis for the public. Such representatives consider that biased reports which vilify homosexuality will continue to aggravate the problem of public misconceptions about homosexuals, especially when society has little other information and knowledge about the issue. 25. Self-stigmatisation, concealment of sexual orientation, and public misconceptions are all inter-related. According to the representatives of homosexual groups, the problem of self-stigmatisation reinforces the decision to conceal one's sexual identity. This lack of openness may intensify public misconceptions about homosexuality and bisexuality, resulting in stereotyping, which in turn leads to low self-confidence and self-acceptance among homosexuals. Such representatives consider that this vicious cycle hinders a positive development in public understanding of different sexual orientations. Discrimination in Certain Areas of Activity 26. Representatives of homosexual groups said that homosexuals in Hong Kong suffer from discrimination mainly in the area of employment, in the provision of accommodation, and in the provision of services. They said that as most homosexuals in Hong Kong are reluctant to reveal their sexual orientation, it is difficult to identify whether there are other areas of activity where homosexuals may have experienced discriminatory treatment. Employment 27. In the area of employment, representatives of homosexual groups claimed that discrimination occurs in job promotions and dismissals. Unlike other grounds of discrimination such as gender and disability, one's sexual orientation is not normally apparent during the process of job application. Such representatives said that since most homosexuals conceal their sexual orientation when applying for jobs, discrimination against homosexual does not surface in the recruitment process. 28. Once a person has worked in an establishment for some time, colleagues and employers may have a chance to learn about his/her sexual orientation. Representatives of homosexual groups stated that once this occurred, homosexuals would find themselves subject to dismissal or being passed over for promotion. They said that in most cases, employers would use reasons other than an employee's sexual orientation as an excuse to dismiss the employee concerned, or to withhold opportunities for promotion. 29. According to these representatives, homosexuals are subject to harassment in the area of employment. They say that colleagues at work often create an unfriendly working environment for the homosexual co-workers. As a result, some homosexuals resign from their jobs "voluntarily". Accommodation and Provision of Services 30. Representatives of homosexual groups also stated that they face problems in renting accommodation and in the provision of services if they disclose their sexual identity. 31. In the provision o f accommodation, they said that potential landlords often refuse to let premises to homosexual couples. In terms of the provision of services, one homosexual group said that it had experienced difficulties in securing premises for organising activities. One case quoted by representatives concerned a venue for gatherings by homosexuals. Upon a change of ownership of the premises, the new owner refused to continue letting the venue to the group. Views Against Homosexuality 32. The above discussion covers the problems encountered by homosexuals in Hong Kong as presented by representatives of homosexual groups. Other organisations have expressed views against homosexuality. These are set out in the following paragraphs. Issue of Morality 33. Representatives of some religious organisations and educational bodies take the view that homosexuality is immoral. Although they agreed that the homosexual as an individual should be respected, they consider that homosexual behaviour is sinful and conflicts with the doctrines of the major religions. 34. Representatives of some educational bodies asserted that homosexuality is immoral as it goes against "the natural law" of sexual behaviour between the opposite sexes. They regard same-sex sexual behaviour as abnormal. Such representatives also expressed concern that the promiscuous behaviour of homosexuals may have an adverse effect on the overall moral standards of society. Traditional Values and the Family 35. According to some consultees, the traditional concept of the family is characterised by a sustained relationship between two persons of the opposite sex. They said that homosexual activities distort social values and threaten the institution of marriage and traditional family life. 36. Representatives of educational bodies and some religious organisations claimed that a same-sex couple cannot fulfil the roles necessary to create a "mother-father-child" rearing unit, i.e. that this can only be done by a heterosexual couple. Such representatives further claimed that child development is likely to be hindered if the child is brought up in a household in which either a male taking the role of a father or a female taking the role of a mother is absent. Nature vs. Nurture 37. Although there has been an increasing amount of research on the subject of homosexuality, no conclusive theory has been formulated on what determines that a person will have a homosexual inclination. Some academics claim that genetic or biological factors may play a part; others assert that environmental factors play a role in the development of homosexual and bisexual tendencies. 38. Some opponents of homosexual behaviour argue that whether a person is heterosexually-oriented or homosexually-oriented is a matter of choice. They are of the view that sexual orientation is acquired rather than inborn. Based on this view, some consultees said that people with homosexual tendencies should be given assistance and rehabilitation treatment in order to help them "reform" themselves. 39. Representatives of educational bodies expressed concerns over the effect of homosexuality on young people. They consider that young people are particularly susceptible to external influence. They took the view that it would be dangerous to expose young people in their formative years to the concept of homosexuality as there is a chance that young people's sexual orientation will be unduly influenced. Such representatives indicated that they would not employ homosexuals as teachers since teachers are role models who have a significant effect on the development of attitudes and values among students. Existing Services For Homosexuals 40. In the course of our discussions with homosexual groups, professional counsellors and academics, a range of self-help services have been identified as being available to homosexuals. Existing services provided for the homosexuals are set out in the following paragraphs. 41. One homosexual group, HORIZONS, provides a phone line counselling service for individuals who have doubts about their sexual orientation. A number of counselling and support groups have been set up under the organisation to provide a secure and friendly environment for participants to share and learn from various issues such as the experience of "coming out", forming a relationship with the same sex, and maintaining a long-term same-sex relationship. Through the provision of such support systems, they aim to strengthen the self-identity and confidence of homosexuals . 42. Satsanga is another non-profit making organisation dedicated to serving homosexuals. It offers professional counselling on issues such as sexual identity, relationships, family and job stress. It also organises courses to enhance the self awareness of homosexuals, and promote healthy, intimate relationships among homosexual couples. 43. Other groups such as the Ten Percent Club and Isvara have joined together to hold regular meetings to discuss issues of common concern among persons of different sexual orientations. The Family Planning Association of Hong Kong also provides counselling to people of different sexual orientations. 44. AIDS Concern provides information and emotional practical support to people affected by HIV/AIDS. Representatives of AIDS Concern stated that homosexuals and bisexuals are one of three major groups of clients served by the organisation. The group offers assistance to people suffering from HIV/AIDS through a variety of services. These include a phone line service which answers enquiries concerning HIV and provides information to assist people in making informed choices, organising outreach preventive education programmes, and providing a "Buddy Service" in which a carer is paired up with an HIV positive person to offer practical help to their friends and family. St John's Cathedral also provides services for those suffering from HIV/AIDS, including homosexuals and bisexuals. 45. A comprehensive range of preventive and curative health services, medical treatment, rehabilitation services, and support and welfare services are provided by the Government through various departments such as the Department of Health and the Social Welfare Department. All these services are made accessible to the general public, no matter whether they are heterosexual, homosexual, or bisexual. No distinction is made on the basis of a person's sexual orientation regarding the provision of such services. In addition, the AIDS Unit of the Department of Health works closely with many of the homosexual groups through the joint production of safer sex and AIDS education materials and by providing a referral system for those at risk or infected with HIV. -------------------------------------------------------------------------- CHAPTER III SURVEY ON SEXUAL ORIENTATION 46. In spite of the public debate concerning the decriminalisation of homosexual acts between consenting male adults in the 1980s, public attitudes towards issues concerned with sexual orientation have never been systematically surveyed. To obtain a clearer perspective of the extent of the problem of discrimination on the ground of sexual orientation, the Government commissioned an independent opinion survey, "The Survey on Sexual Orientation". The survey was conducted by Survey Research Hongkong Ltd. in October 1995. The Survey 47. The objectives of the opinion survey were to gauge public perception of different forms of sexual orientation, to study people's willingness to accept persons of a different sexual orientation in different areas of activities, and to assess public perception of the effectiveness of various possible measures to lessen discrimination on the ground of sexual orientation. 48. To achieve these objectives, the survey investigated a number of key areas. These include - * public awareness of different sexual orientations; * public acceptance of homosexual/bisexual behaviour; * public acceptance of homosexuals/bisexuals in different spheres of social interaction; * public acceptance of homosexuals/bisexuals in teaching posts and public affairs; * public acceptance of homosexuals/bisexuals in forming a family unit; and * public perception of the effectiveness of possible anti-discrimination measures. 49. A total of 1535 telephone interviews were successfully conducted for the purpose of the survey. All respondents were randomly selected. The findings have been weighted to represent the total population. Major findings of the survey are outlined in the following paragraphs. The report of the survey, together with the survey questionnaire, are attached at Appendix III. Profile of the Respondents 50. The ratio of male to female respondents was 51:49. All respondents were aged between 15 and 64. In terms of educational attainment, a majority (63%) have attained secondary education. An analysis by occupation shows that 20% of the respondents were professional/managers; 23% were engaged in the services/sales/ clerical sector; 22% were craft/unskilled workers; 19% were homemakers and 11% were students. The remaining 5% were either retired or unemployed at the time of the survey. Public Acceptance of Homosexual/Bisexual Behaviour 51. The survey found that public acceptance of homosexuality and bisexuality is on the low side. The acceptance level for homosexuality/bisexuality scored 3.4 on a rating scale of 0 (totally unacceptable) to 10 (totally acceptable). Public acceptance of the view that heterosexuality is the only "normal" form of sexual orientation was found to be much higher. This is reflected by a significantly higher mean score of 8.7 for the statement "only heterosexuality is normal". 52. On the other hand, the survey showed that the public has an ambivalent attitude towards issues such as whether homosexual/bisexual behaviour affects others, whether the behaviour of homosexuals/bisexuals is the same as ordinary people, and whether homosexuality/bisexuality corrupts young people. Mean scores for these issues range from 5.0 to 5.6. Social Interaction with People of a Different Sexual Orientation 53. In respect of social interaction with homosexuals/bisexuals, the public consider that contacts on social occasions such as shaking hands, going to movies, dining out and swimming are acceptable. A majority of the public (over 80%) would not mind working or studying together with homosexual/bisexual individuals. 54. Table 3.1 below shows that more people have reservations about interacting with homosexuals/bisexuals as the intensity of personal contacts increases. Results of the survey indicate that the three situations in which the public has the strongest resistance to such interaction are subletting a room to homosexuals/bisexuals, sharing a flat with them, and employing them as domestic helpers. The percentages of people who indicated that they would mind interacting with homosexuals/bisexuals in the above situations are 74%, 72%and 69% respectively. Table 3.1 Social Interaction with Homosexuals/Bisexuals People(%) Mind Don't mind Depends Don't know Subletting a room 74 22 3 1 Sharing an apartment 72 25 2 1 Employing as domestic helper 69 29 1 1 Letting Your apartment 53 45 1 1 Joining the same club 49 49 1 1 Living in the same hotel 37 61 1 1 Going swimming 35 63 1 1 Singing Karaoke 30 67 2 1 Watching movie 30 67 2 1 Dining out 28 69 2 1 Shaking hands 21 77 1 1 Working in the same team 19 80 1 * Studying in the same class 18 81 * 1 Working in the same office 14 85 1 * * Less than 0.5% Teaching Positions and Public Affairs 55. The results of the survey indicate that there is no distinctly positive or negative attitude among the public towards homosexuals/bisexuals taking up teaching positions in tertiary education institutes or playing an important role in public affairs. Mean scores (which ranged from 5.1 to 5.2 on a rating scale of 0 {totally unacceptable} to 10 {totally acceptable}) for the relevant questions in this respect cluster round the middle of the rating scale. On the other hand, acceptance level of homosexuals/bisexuals taking up teaching post in primary or secondary schools are shown to be lower (with a mean score of 4.3) 56. The findings indicated that the group with the lowest level of acceptance of homosexuals/bisexuals working as teachers are homemakers. On the other hand, students have the highest level of acceptance in this respect. Mean scores on the acceptance levels of different groups of people are shown in Table 3.2. Table 3.2 Homosexuals/Bisexuals in Teaching Posts and Public Affairs * Mean Scores Total Employed Homemakers Students Retired or Unemployed A homosexual / bisexual works as a teacher in 4.3 4.3 3.7 5.3 4.4 primary or secondary schools A homosexual / bisexual works as a lecture in 5.2 5.3 4.6 5.8 5.4 tertiary education institutes A homosexual / bisexual occupies an important 5.1 5.2 4.6 5.7 5.4 position in public service * Based on a rating scale of 0 to 10. "0" denotes "Totally Unacceptable" and "10" denotes "Totally acceptable". Forming a Family Unit 57. The lowest level of acceptance was found when respondents were asked about issues relating to homosexuals / bisexuals forming a family unit. The highest score obtained was in the case of a female homosexual adopting a child. Even so, the mean score was only 3.9 (based on a rating scale of 0{totally unacceptable} to 10 {totally acceptable}). The mean scores of levels of acceptable in this area are shown in Table. 3.3. Table 3.3 Homosexuals/Bisexuals Forming a Family Unit Mean scores of level of Acceptance A lesbian (#7) adopts a child 3.9 A gay (#8) adopts a child 3.2 A lesbian makes use of reproductive technology 3.7 A gay makes use of reproductive technology 2.8 Two lesbians get married 3.7 Two gays get married 3.3 * Based on a rating scale of 0 to 10. "0" denotes "Totally unacceptable" and "10" denotes "Totally acceptable". 58. Another phenomenon concerning the formation of families by homosexual/ bisexual couples shown by the survey is that the public have a higher acceptance of female homosexual couples than male homosexual couples in all three areas of surveyed activity in relation to the formation of a family unit: adoption, marriage, and access to human reproductive technology. Perceived Effectiveness on the Possible Measures to Tackle Discrimination 59. The survey also examined public perception on the effectiveness of a number of possible anti-discrimination measures. Results indicated that educational tools are considered to be the most effective means in tackling the problem of discrimination. 60. Strengthening the public's concept of equal opportunities for all (a mean score of 7.2), enhancing public knowledge of different forms of sexual orientation (a mean score of 6.9), and strengthening civic education programmes within the school curricula (a mean score of 6.7) all ranked highly on a rating scale of 0 (very ineffective) to 10 (very effective). On the other hand, legislation to outlaw discrimination on the ground of sexual orientation is regarded as a less effective measure (a mean score of 4.0) in addressing the issues in question. General Observations 61. An analysis based on the demographic factors of the respondents reveals that the level of acceptance tends to be lower among those in the older age brackets. For instance, in respect of the acceptance of homosexuality/bisexuality, the mean score of acceptance level for respondents aged between 45 and 64 is only 2.4 (on a rating scale of 0 {totally unacceptable} to 10 {totally acceptable}). This is significantly lower than a mean score of 4.6 for those aged between 15 and 24. A similar pattern is observed in respect of the acceptance level on other aspects such as acceptance of homosexuals/ bisexuals forming a family or holding teaching positions. 62. Women are generally found to have a higher level of acceptance of homosexuality/bisexuality than men, except in matters concerning family and children. For example, on questions concerning social interaction with homosexuals/bisexuals, less women respondents would mind engaging in social occasions such as singing karaoke (26%) and seeing movies (27%) than men (whose respective acceptance percentages were 34% and 33% ). However, on questions like adoption of a child and use of reproductive technology, the levels of acceptance by women are consistently lower than those of men. (For example, women's acceptance levels of a lesbian adopts a child and makes use of reproductive technology were 3.6 and 3.3. The respective acceptance levels by men were 4.2 and 4.0.) Concluding Remarks 63. The survey provides an overview of public attitudes towards homosexuality and bisexuality. The levels of acceptance vary among individuals. The results of the survey show that the public tends to have an ambivalent attitude towards a number of issues covered, such as the impact of homosexual/bisexual behaviour on others, contacts with homosexuals/bisexuals on social occasions, and homosexuals/bisexuals engaging in the teaching profession. A lower level of acceptance is clearly observed in areas such as same-sex marriage, adoption of children by homosexual/bisexual couples, use of reproductive technology by homosexuals, and contacts with homosexuals/ bisexuals in private settings. These findings seem to suggest that the public is likely to have greater concern about behaviour that may be considered contrary to traditional values and contact in more private spheres of life. -------------------------------------------------------------------------- CHAPTER IV OVERSEAS EXPERIENCE 64. A number of overseas jurisdictions, including New Zealand, and Canada, have legislation that directly addresses discrimination on the ground of sexual orientation. The state of development of such anti-discrimination laws in this respect varies significantly from country to country. Some jurisdictions have adopted measures other than anti-discrimination legislation to promote equal rights of treatment for homosexual and heterosexual couples. They include Denmark and the United States. 65. The experience of a number of countries are outlined in the following paragraphs. To give a reasonably concise overview, emphasis is given to legislation at federal level in situations where federal systems are involved. New Zealand 66. The New Zealand Human Rights Act 1993 (the Act) was enacted in February 1994 to replace the Human Rights Commission Act 1977 and the Race Relation Act 1971. The Act provides for a number of prohibited grounds of discrimination, including sexual orientation. 67. The Act defines sexual orientation to mean heterosexuality, homosexuality, lesbianism, or bisexuality. Under the Act, it is unlawful to discriminate against a person based on the person's sexual orientation. It is also unlawful to discriminate against a person because the person's relative or associate is of a particular sexual orientation. Discrimination that relates to past circumstances and discrimination on the basis of an assumption or belief about another person are also unlawful. 68. The legislation covers various areas of activity, including employment, education, access to public places, provision of goods and services, housing and accommodation, partnerships, vocational training bodies, qualifying bodies, and industrial and professional associations. 69. Table 4.1 shows the number of formal complaints opened by the Commission in the years 93/94 and 94/95. As the Act only took effect in February 1994, the figures for 1993/94 do not represent a full year's total of complaints for the new grounds of unlawful discrimination it introduced, such as sexual orientation. In the first full year of operation of the Act, there were 22 complaints based on the ground of sexual orientation, which constituted 7% of all complaints in that year. It should be noted that the Commission defines as a formal complaints only a matter which is clearly within jurisdiction and involves significant input from a complaints officer. All other matters are recorded as enquiries. Table 4.1 Complaints opened by the commission in the years 93/94 and 94/95 Grounds 1 July 1993 to 30 June 1 July 1994 to 30 June 1994 1995 Age 26 45 Disability 32 67 Sex 133 59 Marital Status 13 29 Sexual Orientation 7 22 Family Status 9 35 Others 49 72 TOTAL 269 329 Notes: 1. Comparisons of statistics may be difficult because the Human Rights Act 1993, containing new grounds of unlawful discrimination such as sexual orientation, family status, and disability, came into effect from 1 February 1994. 2. The numbers of actual complaints received by the Commission in 93/94 was 235 and that of 94/95 was 257. Since each complaint received may involved more than one round of the Act, the totals of 269 and 329 exceeds the number of actual complaints opened. Australia 70. Australia does not have legislation outlawing discrimination on the ground of sexual orientation at the federal level. Some Australia states have statutes prohibiting such discrimination. (#9) However, in response to Australia's obligation to implement the principle of non-discrimination in employment and occupation pursuant to the International Labour Organisation Convention No.111 (ILO 111)(#10), the Human Rights and Equal Opportunities Commission (HRECO) Act empowers the HRECO to investigate complaints of discrimination in employment and occupation on various grounds, (#11) including sexual preference, and to resolve such complaints by conciliation. "Sexual preference" became one of the additional grounds governed under the HREOC Act in 1 January 1990. The HREOC may handle complaints on discrimination based on one's sexual preference, the past existence of a particular sexual preference, or a belief about a person's sexual preference. 71. It is important to note that such discrimination is not rendered unlawful under the REOC Act. The HREOC is merely empowered to conciliate between parties to complaints relating to discrimination specified under the Act. Where conciliation is unsuccessful or is deemed inappropriate, and the Commission is of the opinion that the act complained of is discriminatory, the Commission may report the matter to the federal Attorney - General and recommend actions to be taken. 72. Table 4.2 shows the number of complaints handled by the HREOC since the inclusion of "sexual preference" as one of the additional grounds specified under the HREOC Act.(#12) Table 4.2 Number of complaints handled by the HREOC Complaints Complaints on the Period Total Number of lodged under ILO ground of sexual Complaints 111 preference 1.7.90-30.6.91 216 202 6 1.7.91-30.6.92 209 195 18 1.7.92-30.6.93 129 119 5 1.7.93-30.6.94 71 66 9 Canada 73. At the federal level, the Canadian Human Rights Act (the HRA) renders discrimination unlawful on a number of grounds. Sexual orientation is not expressly covered by the HRA. However, it was implicitly added to the HRA through a ruling of the Ontario Court of Appeal in 1992. The Court of Appeal held that sexual orientation was an analogous ground of discrimination under section 15 of the Canadian Charter of Rights and Freedoms (the Charter), which guaranteed equal benefits of the law. The Court ordered that the Act should be interpreted, applied and administered as though it contained "sexual orientation" as a prohibited ground of discrimination. This interpretation of section is of the Charter has recently been upheld by the Supreme Court of Canada. 74. The HRA deals with discrimination in its various forms. These include differential treatment of an individual or a group of individuals, "indirect or de facto" discrimination, (#13) as well as harassment. Discriminatory practices covered by the Act include discrimination in the provision of goods, services, facilities or accommodation, and matters related to employment. (#l4) The Act applies to all federal government departments, agencies, Crown corporations, and business and industry under federal jurisdiction such as banks, airlines, and railway companies. The Canadian Human Rights Commission deals with complaints it received from individuals or groups concerning discriminatory practices as covered in the HRA. The Commission handled 100 cases relating to sexual orientation in 1993 and 64 cases in 1994, which represent 8% and 5% of the total number of cases in each year respectively. 75. At the provincial level, discrimination on the ground of sexual orientation is prohibited in human rights legislation in a number of provinces.(#l5) in May 1994, legislation was proposed in Ontario to amend all Ontario statutes to provide for the equal treatment of persons in same-sex spousal relationships. The bill was however defeated in a free vote in June 1994. The United States 76. In the United States, there is no legislation at the federal level prohibiting discrimination on the ground of sexual orientation.(#l6) While some states have legislation in this area, the scope of such legislation is restricted to employment matters.(#17) In most cases, the relevant legal provisions are embodied in laws dealing with fair employment practices as part of Human Rights Acts. 77. As regards non-legislative measures, some companies have adopted fair employment policies to encourage equal treatment for all individuals. These include equal opportunities in employment for persons of different sexual orientations. In addition to providing benefits for the legal spouse, some companies have also offered voluntary domestic-partner benefits. Some plans cover only heterosexual partnership while others may cover both homosexual and heterosexual partnerships. These benefits may include fringe benefits to the partner living in the same household, or soft cost benefits such as health and life insurance. Various forms of leave arrangements such as bereavement or dependent care leave for employees with domestic partners are also available in some companies. 78. In addition, there are special programmes designed to help young people who have doubts about their sexual orientation and to enhance their self-acceptance as homosexuals.(#18) These programmes serve to provide a social support network for young people in need. They perform a vital function in providing a safe place where homosexual and bisexual adolescents can meet others who are in a similar situation to themselves. Denmark 79. In Denmark, the Commission to Elucidate the Social Circumstances of Homosexuals (the Commission) was set up by the Danish Parliament in 1984 to work towards equality between people of different sexual orientations. The objectives of the Commission include examining the legal, social and cultural circumstances of homosexuality in society, proposing measures aimed at removing existing discrimination within all sectors of society, and creating a public debate on homosexuality. 80. The Commission has initiated research into the social dimension of homosexuality and produced a number of publications on gay and lesbian culture, the major problems faced by homosexuals, and trends in the gay and lesbian movement. These publications have succeeded in starting a public debate on the issue of homosexuality in Denmark. 81. The Commission has had direct influence on a number of legislative initiatives through its interim reports. Most importantly, the scope of the Danish anti-discrimination legislation was extended in 1987 to include "sexual orientation" as one of the prohibited grounds of discrimination. 82. In addition to extending the grounds of discrimination in its anti-discrimination legislation to include sexual orientation, the Danish Parliament passed the Act on Registered Partnership which came into effect on 1 October 1989. The Act provides that a couple consisting of two persons of the same sex may enter into a "registered partnership". Such registration carries essentially the same legal recognition as marriage. With this system of registration for homosexual couples, some of the issues concerning the rights of homosexual co-habitees such as automatic full rights of inheritance and the right to retain the undivided possession of an estate have been addressed. However, registered homosexual couples are not entitled to adopt or bring up children and the status of "registered partnerships" in Denmark is not recognised by other countries. United Kingdom and other countries 83. In the United Kingdom (UK), there is no legal provision against discrimination on the ground of sexual orientation. The UK Equal Opportunities Commission established under the UK Sex Discrimination Act 1975 handles complaints of discriminatory acts or practices on the grounds of sex, marriage, and pregnancy in specified areas of activity, but not those in relation to sexual orientation. In 1983, a private member's bill on Sex Equality, which would have outlawed employment discrimination based on homosexuality, was rejected in parliament. Other countries like Singapore, Japan, Italy, Greece and Spain do not have any legal provisions outlawing discrimination in respect of sexual orientation. -------------------------------------------------------------------------- CHAPTER V POSSIBLE MEASURES TO ENHANCE EQUAL OPPORTUNITIES FOR PERSONS OF DIFFERENT SEXUAL ORIENTATIONS: THE LEGISLATIVE OPTIONS 84. As indicated in Chapter II, the discussions held with interested parties on the problems faced by homosexuals point to a lack of understanding of homosexuality among the public. Representatives of homosexual groups indicated that this lack of understanding is resulting in discriminatory treatment of homosexuals in various spheres of their life. To address this, some groups have advocated legislation to outlaw discriminatory practices on the ground of sexual orientation. 85. Supporters of the legislative option argue that such legislation would safeguard the rights of sexual minorities and serve as an effective means of educating the public on the principle of equal opportunities for all, irrespective of a person's sexual orientation. Furthermore, they say that there is no reason to suggest that legislation against discrimination on the ground of sexual orientation would mean condoning or encouraging homosexual acts. 86. On the other hand, it is important to acknowledge that individual choice will inevitably be restricted by any anti-discrimination legislation. Therefore, any such legislation would need to strike a balance between freedom of choice and freedom from discrimination. For such legislation to be acceptable, it is imperative that the community should be fully aware of its implications. Otherwise, the law may not achieve its intent of helping to eliminate discrimination. 87. Possible legislative measures that could be taken to enhance equal opportunities for persons of different sexual orientations are set out in this chapter. In examining possible legislative measures, references are made to the Sex Discrimination Ordinance (SDO), the Disability Discrimination Ordinance (DDO), and the Equal Opportunities Bill (EOB), the Private Member's Bill introduced by Ms Anna Wu into the Legislative Council in the 1994/95 legislative session. Definition of "Sexual Orientation " 88. In examining possible legislation against discrimination on the ground of sexual orientation, it is first necessary to consider the definition of "sexual orientation". 89. The definition of "sexual orientation" varies in different jurisdictions. The New Zealand Human Rights Act 1993 defines "sexual orientation" to cover heterosexuality, homosexuality, lesbianism and bisexuality. Some legislation adopts a wider definition which includes transsexuality.(#l9) In the local context, the EOB defines "sexuality" to mean heterosexuality, homosexuality (including lesbianism) and bisexuality. 90. In the course of our discussions, some representatives of homosexual groups suggested that there are other forms of sexual orientation, such as transsexuality (change from one sex to the opposite sex) and transvestism (cross-dressing). Other than transsexuality, overseas legislation surveyed in Chapter IV have not included other forms of sexual inclination in their definition of "sexual orientation". Moreover, in discussing problems faced by persons of different sexual orientations in the local context, homosexuality and bisexuality were the main areas of concern. 91. Another aspect of the definition which needs to be addressed is whether such a definition should cover only actual sexual orientation, or whether it should be extended to include perceived and past sexual orientation. Both the New Zealand Human Rights Act 1993 and the Australian Human Rights and Equal Opportunities Commission Act 1986 cover discrimination in relation to past existence of a particular sexual orientation and belief about a person's sexuality. 92. Unlike gender and disability in which objective characteristics are normally present, there may not be any discernible characteristics of a particular sexual orientation. It may also be possible for a person who is not a homosexual to receive discriminatory treatment because of certain characteristics which are imputed to this group. In examining possible legislation, therefore, consideration will need to be given to the belief aspect in defining the scope of "sexual orientation". The issue of past existence of the characteristic concerned may also be more significant to sexual orientation than other grounds of discrimination. In this respect, it should be noted that the DDO covers discrimination on the ground of a disability that previously existed or is imputed to a person. Areas of Activities to be covered 93. Chapter II has indicated that the main areas of concern with regard to discrimination against homosexuals are in the areas of employment, the provision of accommodation, and the provision of services. As these have been identified by homosexual groups as the problem areas, one option would be for possible legislation to cover only these three areas. 94. Another option would be for possible legislation to cover a wider range of activities as provided under SDO and DDO. In addition to the three areas identified in the preceding paragraph, the SDO and the DDO cover discrimination in areas such as education, provision of goods and facilities, activities of clubs, and activities of Government. 95. A third option would be for possible legislation to draw reference from the EOB, which has a still wider scope. It covers employment, education, access to places and vehicles, provision of goods, services and facilities, accommodation, land, clubs, application forms, and administration of laws and government programmes. 96. As indicated in Chapter II, representatives of homosexual groups indicated that some homosexuals have experienced harassment and vilification in certain areas of activity. In addition to outlawing discrimination on the ground of sexuality, the EOB contains provisions which prohibit harassment and vilification on such a ground. The DDO has similar provisions prohibiting harassment and vilification on the ground of disability. It is for consideration, therefore, whether any possible anti-discrimination legislation on the ground of sexual orientation should also cover these aspects. 97. In considering the areas of activity to be covered in possible legislation to outlaw discrimination on the ground of sexual orientation, it is necessary to assess carefully the impact of such legislation on the community so as to ensure that it would command public support while addressing the main concerns of the affected groups. Possible Areas of Concerns 98. Representatives of various groups, including those who argue for legislation, have expressed a number of concerns about the possible adoption of a legislative approach. These are set out in the following paragraphs. Marriage Between Homosexuals 99. There is much controversy over the issue of marriage between homosexuals. Even in western countries that have legislation protecting the rights of homosexuals and bisexuals, only a few provide for arrangements which give same-sex couples rights similar to married heterosexual couples. In most cases, the argument that the family is a social unit based inherently on the union of a man and a woman prevails. In Hong Kong, the Marriage Ordinance (Cap. 181) stipulates that marriage is "a formal ceremony recognised by the law as involving the voluntary union for life of one man and one woman to the exclusion of all others". 100. Homosexual groups claim that the lack of recognition of legal rights for same-sex partnerships contributes to the difficulties of maintaining long-term relationship between same sex partners. They also consider that it adds to public misconceptions about the level of promiscuity among homosexuals. They say that same-sex partners are deprived of a number of rights including the right to inherit the partner's estate in the case of intestacy, to apply for public housing as a married couple and to give consent for the partner to undergo surgery. 101. However, as indicated from the findings of the survey in Chapter III, the levels of public acceptance of male and female homosexual marriages are only 3.3 and 3.7 respectively on a scale of 0 (totally unacceptable) to 10 (totally acceptable). Even some representatives of local homosexual groups acknowledge that it would be difficult to give legal recognition to same-sex marriage in the near future. As seen in Chapter IV, with the exception of Denmark, none of the countries covered by our research provides for such legal recognition at the federal or unitary state level. Adoption of Children 102. The important role played by a healthy family environment on the growth and development of children is well recognised by society. Consultees who do not favour the adoption of children by same-sex partners argue that a child would grow up confused about gender differences if cared for by parents of the same sex. Moreover, they claim that allowing homosexual couples to adopt a child without broad community acceptance could have adverse effects on the child. In particular, the possibility of "social condemnation" of the homosexual parents may affect the child's relationship with other children and with the community. 103. On the other hand, equal opportunities advocates argue that it is an infringement of human rights not to allow homosexual couples to adopt a child. They say that there is insufficient evidence to identify any difference in development, including sexual orientation, between children brought up by homosexual parents and those by heterosexual parents. They consider that it is the love and care of the parents, not their gender or sexual orientation, which ensures a healthy and supportive environment for the growth and development of a child. 104. Findings of the survey in Chapter III indicate that there is low public acceptance of adoption by homosexual couples. The mean scores for acceptance of male and female homosexual couples adopting a child are 3.2 and 3.9 respectively on a scale of 0 (totally unacceptable) to 10 (totally acceptable). Reproductive Technologies 105. Access to human reproductive technologies is another area which indicates a reservation expressed by some in the community. The survey indicates that the acceptance levels for male and female homosexual couples to make use of reproductive technologies are 2.8 and 3.7 respectively on a scale of 0 (totally unacceptable) to 10 (totally acceptable). 106. Having regard in particular to the divergent views expressed on these issues and the findings of the survey, it is necessary to consider whether exceptions from its anti-discriminating provisions should be provided in any possible legislation for the areas identified above. Religious and Educational Bodies 107. The concerns of religious and educational bodies have been described in Chapter II. Religious organisations have expressed concerns over "reverse discrimination" if the legislative route is to be adopted. Some religions include teachings that may suggest that a particular sexual orientation is "sinful". They may also have difficulties selecting or appointing individuals of a particular sexual orientation who actively engage in homosexual acts since such acts do not conform with the doctrines, tenets or beliefs of the religion concerned. 108. Some educational bodies have also expressed concern about the employment of homosexual teachers. Such consultees pointed out that people are most susceptible to outside influence in their formative years. Since there is yet no conclusion as to whether a person's sexual orientation is inherent or acquired, they are concerned that teachers who are homosexual may tend to influence their students to adopt this sexual orientation where they would not otherwise have done so. 109. The EOB provides exceptions for religious bodies in connection with the performance of religious duties, and in areas such as the training and appointment of persons to perform such duties. In addition, the EOB also allows religious schools to discriminate in employment and educational matters to avoid injury to the religious susceptibilities of adherents of the religion. However, it does not provide for a general exemption from its anti-discrimination provisions on the ground of sexual orientation for the teaching profession. Small Businesses 110. Employers with small businesses have expressed concerns about the cost implications of complying with anti-discrimination legislation, and the possible problems which may arise from frivolous complaints. They are of the view that they should be given an opportunity to learn from the experience of their larger business counterparts as well as to better understand the operation of such legislation. To address such concerns, the SDO and the DDO provide for a transitional period of three years to allow business establishments with not more than five employees to comply with the provisions of the Ordinance. On the other hand, the EOB did not provide for any such transitional period. Employment of Domestic Helpers 111. The EOB allows for an exception in respect of employment in a private household setting. Under the Bill, a person may discriminate against another person on the ground of the other person's sexuality in connection with employment to perform domestic duties on the premises on which the employer resides. Findings of the survey in Chapter III indicate that a lower proportion of the public is willing to interact with homosexuals/bisexuals in situations involving private spheres of life such as employing homosexuals/bisexuals as domestic workers, as compared to other social interactions with homosexuals/bisexuals.(#20) Accommodation and Property 112. Some representatives of homosexual groups have said that they face a particular problem in renting accommodation. The survey also found that more people have reservations over sharing an apartment with homosexuals/bisexuals and subletting a room to homosexuals/bisexuals when compared to other social interaction with homosexuals/bisexuals.(#2l) This raises the issue of the extent which the right to control one's private domestic setting should override the right of others not to be discriminated against. 113. The EOB allows for an exception in the area of accommodation. The provisions against discrimination on the ground of sexuality do not apply if the landlord (or a near relative) resides on the premises and the accommodation provided on those premises are for no more than three persons other than the landlord (or the near relative). A similar exception for small premises which are shared by the landlord (or a near relative) and the tenant is also provided for in the SDO and the DDO. The EOB also exempts from its application accommodation provided by a religious body. 114. In matters concerning the disposal of property, the EOB provides another exemption to allow for discrimination on the ground of sexuality in the disposal of an estate or interest in land if it is by will or by way of gift. It is for consideration whether exemptions such as these should be provided for in possible anti-discrimination legislation in this area. Special Measures 115. There may be cases where measures are in place to cater for the special needs of persons of a particular sexual orientation. The EOB provides a general exception for acts that are done to afford a person of a particular sexuality access to facilities, services or opportunities to meet their special needs in relation to employment, education, training or welfare, or any ancillary benefits. A similar exception on the ground of gender or disability is provided in the SDO and the DDO respectively. It is for consideration whether such an exemption should be provided for in possible anti-discrimination legislation on the ground of sexual orientation. Charities and Voluntary Bodies 116. The EOB provides for general exceptions for charities and voluntary bodies. Under the exceptions, donors to charities may lawfully discriminate in identifying a class of persons eligible to receive the charitable benefit of their gifts, and voluntary bodies may lawfully discriminate in admission to membership and in the provision of benefits, facilities or services to members. It is for consideration whether such exemptions should be provided for in possible legislation in respect of sexual orientation. Enforcement Mechanism 117. Effective enforcement is the key to the successful implementation of any possible legislation. In examining possible legislation against discrimination on the ground of sexual orientation, consideration needs to be given to the possible mechanism to enforce it. 118. The EOB provides that the District Court is empowered to hear and determine alleged cases of discrimination on the ground of sexuality. aggrieved person may also bring claims of unlawful discrimination under the Bill directly to the court. 119. On the other hand, the SDO provides for the establishment of an Equal Opportunities Commission (EOC) to oversee the implementation of the Ordinance. With the enactment of the DDO, the EOC has also been made responsible for cases of alleged discrimination on the ground of disability. Under the SDO and the DDO, the EOC is tasked with providing assistance to persons who have experienced discrimination on the grounds of gender and disability respectively. It is specifically empowered to investigate complaints and conciliate between the parties in dispute. In addition, the EOC may also provide assistance in court proceedings for those who wish to take their case to court. It is for consideration which of these approaches, or whether some other approaches, would be appropriate for enforcement of possible legislation against discrimination on the ground of sexual orientation. Concluding Remarks 120. Before deciding whether further anti-discrimination legislation in this area should be prepared, we need to be sure that it commands reasonably broad support from the community based on clear understanding of the statutory obligations proposed. In enacting anti-discrimination legislation, the rights of one group have to be balanced against the rights of other groups. Any anti-discrimination legislation on the ground of sexual orientation would need to strike an acceptable balance between the rights of all individuals and groups in society. -------------------------------------------------------------------------- CHAPTER VI POSSIBLE MEASURES TO ENHANCE EQUAL OPPORTUNITIES FOR PERSONS OF DIFFERENT SEXUAL ORIENTATIONS: NON-LEGISLATIVE OPTIONS 121. Since the enactment of the Crimes (Amendment) Ordinance in July 1991 which removed criminal penalties for homosexual acts between male adults, homosexual groups have been advocating greater protection of their rights. Some groups have called for anti-discrimination legislation to address the issue of discrimination on the ground of sexual orientation. 122. Others point out that problems such as public misconceptions and moral condemnation of sexual minorities are closely related to personal attitudes and social values. They feel that legislation can neither force people to change their attitudes and values, nor remove the apprehension felt by those who object to homosexuality on moral grounds. They consider that not only is such legislation not effective in changing attitudes but also that it over regulates individual behaviour and may lead to unnecessary litigation. Such parties consider that non-legislative measures are more appropriate in fostering equal opportunities for persons of different sexual orientations. Representatives of employer organisations are concerned that further anti-discrimination legislation would tend to detract from the competitiveness of the economy by introducing additional burdensome regulation. They argue that Hong Kong's economic success has come from its adaptiveness and flexibility in response to change and that such legislation tends to diminish the ability of business to respond in this way. Even those groups that advocated the legislative approach recognise that legislation is not a complete solution to the problem of discrimination. Accordingly, they advocate the implementation of non-legislative measures as well. 123. Possible non-legislative measures that may be taken to assist those who suffer disadvantages due to their sexual orientation and to enhance equal opportunities for persons of different sexual orientations are set out in the following paragraphs. Public Education 124. Consultees all agree that public education is an important tool to address the problem of discrimination based on sexual orientation. They consider that sustained public education in various forms should instil the necessary respect for the rights of persons of a different sexual orientation as equal members of the community. 125. Findings of the survey confirm this view. The measures which respondents considered most effective in addressing the problem of discrimination against homosexuals/bisexuals all relate to public education as follows - * strengthening the public's concept of equal opportunities for all; * improving the public ' s knowledge of different kinds of sexual orientation; and * strengthening the civic education programmes within the school curricula in this respect. The Committee on the Promotion of Civic Education 126. Cultivating public acceptance of the principle of equal opportunities for persons of different sexual orientations is a continuing process. The Committee on the Promotion of Civic Education has earmarked $20 million over the next three years to organise various civic education programmes, on-going publicity activities and promotion campaigns. Equal opportunities will be one of the themes featured in these programmes. More emphasis could be given to promoting equal opportunities for persons of different sexual orientations. The Mass Media 127. As indicated in Chapter II, representatives of homosexual groups say that the problem of "homophobia" is due to a general lack of understanding of different kinds of sexual orientation. Furthermore, they consider that condemnation of homosexuality is the result of prejudice caused by people associating undesirable or deviant behaviour with homosexual behaviour. Representatives of homosexual groups suggested that public awareness on differences in sexual orientation should be promoted to help remove bias and cultivate a balanced attitude toward homosexuals. They noted that a phone-in radio programme has helped to raise public awareness of different sexual orientations by inviting medical professionals to render advice to callers on sex related issues, including issues on homosexuality and bisexuality. They believe that the mass media could play an important educational role by providing balanced information on different forms of sexual orientation. General Health and Sex Education 128. Some consultees consider that a more understanding social environment would ensure that individuals facing problems with their sexual orientation have the courage to seek help and to be taken care of sympathetically. They suggested that more research should be undertaken, and that general health education, sex education or other specialised programmes should be developed and targeted at agents of change such as teachers, social workers and psychologists. Schools Curricula 129. Apart from public education which is directed to the population at large, some consultees suggested that the formal and informal school curricula should be strengthened to cultivate a sense of respect for equal rights of all individuals in the community, including those of a different sexual orientation. 130. The survey findings in Chapter III shows that respondents consider that strengthening the civic education programmes within the school curricula is an effective means in addressing the issue of discrimination on the ground of sexual orientation.(#22) The survey also revealed that the younger generation has a higher level of acceptance of persons of a different sexual orientation.(#23) Some consultees consider that an early cultivation of the concept of anti-discrimination may help to foster public acceptance of and respect for persons of differing sexual orientation. 131. The formal curriculum in Hong Kong has already made provision in various subjects(#24) to cultivate a sense of respect for equal rights of all individuals in the community, including those of a different sexual orientation. 132. The Education Department issued the "Guidelines on Sex Education in Secondary Schools" in 1986 to provide a curriculum guide on issues related to sex. Sexual orientation is one of the aspects covered in the guidelines. The teaching objectives of the guide are to provide students with a basic understanding of different sexual behaviour in our society; to develop students' skills in analysing sex-related issues put forward by the media; and to cultivate correct attitude of accepting the rights of individuals to have different values in society. The Education Department also encourages teachers to discuss with students controversial issues including homosexuality. 133. The Education Department will issue revised Guidelines on Civic Education in Schools in 1996. The Guidelines will incorporate the concepts of the rights of the individual, equity and anti-discrimination in the civic education programmes in schools. Financial Assistance for Homosexual Groups 134. Some representatives of homosexuals groups state that they are facing a very tight budget in their provision of services for homosexuals/bisexuals in Hong Kong. They suggest that groups which provide counselling and other support services should be granted status as charitable organisations and benefit from taxation allowances.(#25) 135. Furthermore, representatives are of the view that homosexual groups should be allowed to seek subvention from the Government similar to other voluntary agencies.(#26) By strengthening the financial status of these groups, the representatives consider that they be able to improve existing services and introduce new programmes to best serve the needs of homosexuals. Provision of Services 136. A number of voluntary organisations provide services specifically designed for persons of a particular sexual orientation. The Government also provides a comprehensive network of services for individuals and families with social welfare needs. Such services are available to homosexuals and bisexuals on an equal basis with other groups and individuals. Counselling Services 137. As indicated in Chapter II, a number of homosexual groups provide phone-line counselling services for individuals who have doubts about their sexual orientation and offer professional counselling on various issues of concern to homosexuals. Such consultees are of the view that counselling services that provide advice and emotional support to homosexuals alleviate the problem of self-rejection and self-stigmatisation. They suggest that these services should be improved to assist those who have problems concerning their sexual identity. Support Services 138. A number of homosexual groups have also set up counselling and support groups to allow homosexuals to share and learn from the experience of others. Representatives of homosexual groups take the view that such services provide an effective support network for homosexuals. They propose that consideration be given to stepping up similar kinds of support services and developing new programmes along similar lines. Self-help Courses 139. Psychological courses are organised by some homosexual groups with the objective of enhancing self-awareness among homosexuals and promoting healthy intimate relationships. Consultees suggest that more workshops and seminars on topics related to self-empowerment such as handling identity crisis and managing stress should be arranged to enhance the self-esteem of homosexuals. Training for Service Providers 140. Counsellors who have rendered direct services to homosexuals say that many individuals who try to seek help from social workers or psychologists often fail to receive appropriate assistance. They say that this is because in many cases the social workers and psychologists concerned do not understand the special needs and concerns of these individuals. Counsellors claim that the inability of some service providers to understand the problems faced by homosexuals may aggravate the levels of stress and frustration among such individuals. 141. Such consultees propose that training of service providers should be strengthened so as to improve existing services for homosexuals. The training could encompass various aspects of sexual orientation including different forms of sexual orientation, typical problems encountered by persons of different sexual orientations, and their psychology and culture. 142. The Lady Trench Training Center of the Social Welfare Department has organised training for social workers and clinical psychologists on working with homosexuals over the past few years. The training programmes include sessions on topics such as different forms of sexual orientations, sex-related problems, counselling skills and workshop on adolescent sexuality. This training will be strengthened in the future. Training institutions will also be requested to include this subject in the curriculum. Recognition by Employers 143. Some groups note that a number of companies overseas have recognised homosexual relationships by extending employees' benefits to same-sex partners. These may include benefits such as health and insurance coverage, and leave for illness and bereavement. They are of the view that local employers should be encouraged to provide similar benefits for homosexual couples. They consider that this would be an effective way to enhance equal treatment for persons of different sexual orientations. 144. On the other hand, some consultees point out that it may be very difficult to gain public recognition of same-sex relationship without legal recognition. Nevertheless, they hope that through public education, the community can gradually become more sympathetic in considering such issues relating to same-sex relationships. Concluding Remarks 145. There are diverging views on the use of legislative against non-legislative measures to address the issue of discrimination on the ground of sexual orientation. While some groups consider that legislation would serve to guarantee a basic right to protection for sexual minorities, other groups maintain that legislation would not solve the problems faced by persons of a different sexual orientation. Notwithstanding these polarised views, all consultees agree that non-legislative measures, in particular public education, would be an important means through which equal opportunities for persons of different sexual orientations may be enhanced. -------------------------------------------------------------------------- CHAPTER VII INVITATION OF PUBLIC COMMENTS 146. Measures that may be adopted to promote equal opportunities in Hong Kong in respect of persons of different sexual orientations could have wide implications for the community. The implications of each alternative would have to be carefully considered. It is imperative that members of the public should express their views on this subject. 147. Members of the public who wish to comment on the consultation document and the issues raised therein are invited to submit their comments in writing or by fax to - Home Affairs Branch 31st Floor, Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong (Fax number: 2591 6002) by 31 March 1996. Appendix I Meeting with Non-governmental Organisations and Interest Parties List of Organisations and Individuals Banks and Financial Institutions Hong Kong Deposit-Taking Companies Association The Hong Kong Association of Banks The Hong Kong Federation of Insurers Educational Establishments Caput Schools Council Grant Schools Council Hong Kong Association of Sponsoring Bodies of Schools Hong Kong Prevocational Schools Council Hong Kong Special Schools Council Subsidised Primary Schools Council Subsidised Secondary Schools Council Employee Organisations Hong Kong & Kowloon Trade Union Council Hong Kong Confederation of Trade Unions Hong Kong Women Workers' Association The Federation of Hong Kong & Kowloon Labour Unions The Hong Kong Federation of Trade Unions Employer Organisations/Human Resources Organisations Hong Kong Institute of Human Resource Management Hong Kong Management Association The Chinese General Chamber of Commerce The Chinese Manufacturers' Association of Hong Kong The Hong Kong General Chamber of Commerce Homosexual Groups Contacts Magazine Hong Kong Ten Percent Club HORIZONS Isvara Queer Sisters The Satsanga Social Service/Religious Groups AIDS Concern Christian for Hong Kong Society Hong Kong Christian Council Hong Kong Christian Institute Hong Kong Council of Social Service Hong Kong Women Christian Council Justice & Peace Commission of the Hong Kong Catholic Diocese Student Christian Movement of Hong Kong Women's Groups Hong Kong NGO Liaison Group on Women Concerned Issues Hong Kong Women's Coalition Academics Professor Ng Mun-lun, University of Hong Kong Ms Choi Po-king, The Chinese University of Hong Kong Mr Chou Wah-shan, University of Hong Kong Mr Tse Wing-ling, The City University of Hong Kong Mr Mak Hoi-wah, The City University of Hong Kong Other Individuals Mr Frederick Tong, Chief Executive, Hong Kong AIDS Foundation Ms Anna Cheung, Counsellor, The Satsanga ,dd>Ms Lily Kwok, Counsellor, The Satsanga Mr James Cheung, Principal, Alliance Bible Seminary ---------------------------------------- ------------------------------------------------------------------------------- ---------------------------------------- Appendix II Problems Encountered by Homosexuals Case Analyses by Counsellors and volunteers of Homosexual Groups Implications analysed by Description of Cases Counsellors and Volunteers of Homosexual Groups A male homosexual who has two Family is one of the sources of children was forced into marriage pressure imposed on homosexuals. ten year ago due to family Family pressure has often led to 1. pressure. He has continued to look forced marriages. The case shows for same-sex partners while that the man, his wife, and maintaining a heterosexual children could all become the relationship with his wife. victims in this scenario. there were several implications arising from this case - * traditional moral standards A male homosexual could not accept are so firmly embedded that his own sexual orientation. He felt homosexuals themselves may guilty of being a homosexual and not be able to accept their 2. concealed his sexual orientation own sexual orientation; from his teachers, friends and * teachers fail to project an family. He said that he wanted to open and friendly image for commit suicide. their students to share their personal problems ;and * a low self-worth and low self-acceptance have inhibited homosexuals form seeking external assistance. A teenager felt sexually excited when he saw the nude body of a male This is a typical case reflecting that sex education and education 3. person. He doubted whether he was a concerning different forms of homosexual. He had no knowledge of homosexual behaviour and wondered sexual orientation is what it was. insufficient at school. A married man in his 30s was forced to offer sex service to his male boss due to the fear of being Victims of homosexual harassment usually fail to resort to police 4. dismissed. After engaging in for assistance. The is because homosexual behaviour for a few times, he lost interest in his wife they probably felt shameful and and became sexually-inclined to the embarrassed. same-sex. The non-acceptance attitude of the public on issues concerning A man fell in love with his homosexuality had inhibited homosexuals to confess love to a 5. colleague but had no means to know person of the same sex. This whether the colleague is homosexual or not. results in difficulties in developing and maintaining a long-term homosexual relationship. An university student whose sexual Acceptance of homosexuality at 6. orientation was disclosed was university, which was regarded as shunned by other students at the a more liberal and open university. environment, is still very low. Educational and religious bodies A vice-principal of a Christian are generally very hostile towards homosexuals. 7. school was withheld from promotion Discrimination against to Principal after his sexual orientation was exposed. homosexuals undermines their potentials and ignores their contribution to the community. An active participant in gay and lesbian voluntary work was isolated by his colleagues after h displayed There is still public 8. an AIDS Concern educational poster misconceptions on the issues of at his office. He later resigned AIDS and homosexuality. from his job due to the hostile working environment. A homosexual group's request to Homosexuality is stereotyped as something negative and 9. place an advertisement in a homosexuals are not accepted in newspaper to publicise its counselling hotline was declined. many aspects of life by members of the public. ------------------------------------------------------------------------------- FOOT NOTES: 1. The term "sexual orientation" is generally denoted to mean heterosexuality (sexually-inclined to the opposite sex), homosexuality (sexually-inclined to the same sex), and bisexuality (sexually-inclined to the same and opposite sexes). 2. Developments in the Law - Sexual Orientation and the Law, Harvard Law Review, Vol. 102:1508. The four conceptions of homosexuality include: (a) The "sin" conception views homosexual acts as immoral and wrong and does not ascribe to the view of homosexuality as an intrinsic part of identity; (b) The "illness" conception sees homosexuality negatively as part of the affected individual's personality, albeit a potentially curable component; (c) The "neutral difference" conception embraces the concept of sexual orientation as an identity but views it merely as a difference that should not be a basis for discriminatory treatment; and (d) The "social construct" conception rejects categorising individuals by sexual orientation and views same-sex acts and relationships as not materially different from the opposite-sex ones. 3. The criminal provisions did not apply to women. 4. The LRC Report, "Report on Laws Governing Homosexual Conduct", paragraph 12. 11. 5. "Recognising Sexual Orientation is fair and not Costly", HR Magazine, June 1993. 6. Cumulative HIV/AIDS Statistics in Hong Kong published by the AIDS Unit of the Department of Health show that, as at 30 September 1995, 161 confirmed AIDS cases were reported in Hong Kong. Out of these, 139 cases were infected through sexual contacts in which 60 are homosexuals, 18 are bisexuals and 61 are heterosexuals. In respect of HIV infection, 475 out of the 602 reported cases are contracted through sexual contacts. Most of these (267) are heterosexuals while 167 and 41 are homosexuals and bisexuals respectively. Other transmission routes include intravenous transfusion among drug users, blood transfusion and perinatal transfusion. 7. A term commonly used for female homosexuals. 8. A term commonly used for male homosexuals. 9. Examples of such legislation in the state level are the New south Wales Anti-Discrimination Act 1977, the Australian Capital Territory Discrimination Act 1991, and the Northern Territory Anti-Discrimination Act 1991. 10. The International Labour Convention No.111 concerns discrimination in employment and occupation. 11. With effect from 1 January 1990, the HRECO is able to deal with complaints of discrimination in employment and occupation on the following grounds: race, colour, sex, religion, political opinion, national extraction, social origin, age, medical record, criminal record, impairment (including HIV/AIDS status), disability (including mental, physical, intellectual and psychiatric disability), nationality, sexual preference, and trade union activity. 12. Human Rights and Equal Opportunities Commission Annual Reports, Australian Government. 13. Indirect or de facto discrimination is a seemingly neutral policy or practice which is in fact discriminatory. 14. These include recruitment, referral, hiring, promotion, transfer, employment applications, advertisements, membership in employee organisations, etc. 15. Discrimination on the ground of sexual orientation is specifically prohibited in the human rights legislation of British Columbia, Manitoba, New Brunswick, Ontario, Prince Edward Island, Quebec, Saskatchewan, and the Yukon Territory. 16. In June 1995, the Employment Non-Discrimination Act (ENDA) was proposed by Senators Ted Kennedy and John Chafee to prohibit employment discrimination on the basis of sexual orientation. Under the bill, sexual orientation is defined as homosexuality, bisexuality, or heterosexuality, whether such orientation is real or perceived. The ENDA seeks to prohibit employers, employment agencies, and labour unions from using an individual's sexual orientation as the basis for employment decisions such as hiring, firing, promotion, or compensation. The bill proposes a number of exemptions, such as for small business with less than 15 employees and for religious organisations including educational institutions substantially controlled or supported by religious organisations. The Bill had not been passed at the time of the preparation of this consultative document. 17. "Since 1982, nine states have introduced civil rights laws prohibiting employment discrimination based on sexual orientation. They are Connecticut, Hawaii, Massachusetts, Minnesota, New Jersey, Rhode Island, Vermont, Wisconsin, and the District of Columbia. 18. For example, Project 10 is a pioneering counselling programme for gay, lesbian and bisexual teenagers in Los Angeles. One of the aims of the project is to educate these adolescents about homosexuality so as to prevent problems such as self-stigmatisation. Informal discussion groups, one-to-one counselling sessions, and training for teachers on issues relating to various forms of sexual orientation are available under the Project. Another example is the Hetrick-Martin Institute, which is a major source of support and service for lesbian and gay youth in New York City. It provides a range of programmes such as counselling services, HIV/AIDS education, and an after-school drop-in centre which provides a safe place for young people to socialise. 19. For example, the Australian Northern Territory Anti-Discrimination Act 1991 includes "transsexuality" as a form of sexual orientation. 20. Paragraphs 53 to 54 of Chapter III. 21. Paragraph 54 of Chapter III. 22. Paragraphs 59 to 60 of Chapter III. 23. Paragraph 61 of Chapter III. 24. These subjects include Social Studies, Government and Public Affairs, Liberal Studies, and Ethics and Religious Studies. 25. Tax exemption is granted to charitable bodies under section 88 of the Inland Revenue Ordinance (Cap. 112). In addition, the Governor in Council is also empowered under 87 of the Ordinance to grant tax exemption to non-profit-making organisations carrying on activities for the general benefit of the community. Applications are considered on their individual merits and on a case by case basis. 26. The general subvention principles for social welfare are that a group needs to establish itself as a bona-fide non-profit-making organisation registered as a charitable institution under section 88 of the Inland Revenue Ordinance. The group also needs to apply for recurrent subvention to support activities which contribute to the policy objectives of the Five Year Plan for Social Welfare Department. Whether a group is eligible to seek subvention from Government depends on its ability to meet the above criteria. -------------------------------------------------------------------------- ------------------------------------- -------------------------------------------------------------------------- ------------------------------------- Appendix III OPINION SURVEY ON SEXUAL ORIENTATION - REPORT - Prepared for GOVERNMENT SECRETARIAT HOME AFFAIRS BRANCH by SRH SURVEY RESEARCH HONGKONG LTD 71F., Warwick House East Wing Taikoo Place, 979 King's Road Quarry Bay Hong Kong -------------------------------------------------------------------------- CONTENTS INTRODUCTION AND SURVEY OBJECTIVES AREAS OF INVESTIGATION SURVEY METHODOLOGY SUMMARY AND CONCLUSION MAIN FINDINGS TABLES APPENDIX I - PROFILE OF THE RESPONDENTS APPENDIX II - ENUMERATION EXPERIENCE APPENDIX III - QUESTIONNAIRES -------------------------------------------------------------------------- INTRODUCTION AND SURVEY OBJECTIVES INTRODUCTION This report contains the findings of the Opinion Survey on Sexual Orientation conducted on behalf of Home Affairs Branch by Survey Research Hongkong Ltd. SURVEY OBJECTIVES The key objectives of the survey are: 1. to gauge public perception of the different forms of sexual orientation; 2. to study people's willingness to accept persons with a different sexual preference in different areas of activity; and 3. to study possible measures to lessen discrimination on the ground of sexual orientations that may exist. -------------------------------------------------------------------------- AREAS OF INVESTIGATION The major areas of investigation can be summarized as follows: 1. Awareness of different sexual orientations; 2. Level of acceptance of homosexual/bisexual behaviour; 3. Level of acceptance of homosexuals/bisexuals in different spheres of social interaction; 4. Level of acceptance of homosexuals/ bisexuals in teaching posts and public service; 5. Level of acceptance of homosexuals/ bisexuals in setting up families; and 6. Perceived effectiveness of the possible anti-discrimination measures. -------------------------------------------------------------------------- SURVEY METHODOLOGY 1. Pilot Test A pilot test of 30 successfully enumerated cases using telephone interview was conducted before the main survey on 2 October 1995 to test out the questionnaire. 2. Main Survey A total of 1,535 telephone interviews were conducted between 3 October 1995 and 26 October 1995. The sample was randomly selected in two stages. Firstly, the sample households was generated randomly from the updated Hong Kong residential telephone directories. Secondly, a respondent within the sampled household was chosen randomly using a Kish Grid table for interview. The profile of the respondents is given in Appendix I. At least three attempts were made to contact the households and another three attempts or more were made to contact the selected respondents for interview in order to ensure a high response rate. The enumeration experience is given in Appendix II. All figures in this report were weighted to represent the total population under study. -------------------------------------------------------------------------- SUMMARY AND CONCLUSION The main findings of this survey can be summarized as follows: 1. The prevalent attitude among Hong Kong people is very much that only heterosexuality is normal. While the public is quite ambivalent about whether the behaviour of homosexuals/ bisexuals affects other people, the acceptance level for these individuals is on the low side. 2. Social interaction with homosexuals/ bisexuals is acceptable to a certain extent. 3. Interacting with homosexuals/ bisexuals in social occasions such as shaking hands, going out to movies, Karaoke, dinner and swimming do not pose a problem for the majority of people. 4. Also, the majority of Hong Kong people would not mind working or studying together with homosexuals/ bisexuals. 5. However, people are likely to shun homosexuals/ bisexuals in situations which will involve closer personal contacts such as: + letting a room to homosexuals/ bisexuals; + sharing a flat with them; and + employing homosexuals/ bisexuals as domestic helpers. 6. The public seems to be ambivalent about homosexuals/ bisexuals in taking up teaching position or even engaging in public service. However, attempts of the homosexuals/ bisexuals to set up a family through marriage, adoption or reproductive technologies are less accepted. 7. Different segments of the public harbour different views towards the issues of homosexuality/bisexuality. However, people in the older (45 to 64) age group are less likely to accept homosexuals/bisexuals. 8. While women are more likely than men to accept homosexuals/bisexuals, but overall speaking, the difference between the sexes is not very significant. 9. Home-makers seem to be less likely than the others to accept homosexuals/ bisexuals on issues concerning family and children. 10. People with higher education (post-secondary or above) and personal income ($15,000+) are more likely to accept homosexuals/bisexuals. 11. On the possible anti-discrimination measures, civic education is perceived to be more effective than legislative measures. -------------------------------------------------------------------------- MAIN FINDINGS AWARENESS OF DIFFERENT SEXUAL ORIENTATIONS Overall speaking, the awareness of different forms of sexual orientation is very high. Ninety-six percent (96%) of Hong Kong people have heard of homosexuality vis-à-vis 87% for heterosexuality. Among the three sexual orientations cited, the awareness of bisexuality is the lowest, at 76%. (Table 1) LEVEL OF ACCEPTANCE OF HOMOSEXUAL BEHAVIOUR The acceptance level for homosexuals/bisexuals is on the low side (mean score of 3.4 on a rating scale of 0 (totally unacceptable) to 10 (totally acceptable)). The prevalent attitude is very much that only heterosexuality is normal (score 8.7). On the issue of the behaviour of homosexuals/bisexuals being the same as ordinary people, the opinion of the public tend to be rather neutral (score 5.0) which means that public attitude towards the behaviour of these individuals is very ambivalent. They acknowledge however that homosexuality/bisexuality are behaviour of personal choice (score 6.3). ( Table 2) Men's acceptance level for homosexuals/bisexuals (score 3.2) is lower than that of women (score 3.6). However, on the issues that such behaviour is of personal choice, being the same as ordinary people, and that it affects other people, views are quite similar between the sexes. (Table 2) Comparatively, people in different age groups have different opinions towards the behaviour of homosexuals/bisexuals. Although the acceptance level for homosexuals /bisexuals is on the low side (score 3.4), younger people are found to have higher acceptance than the older ones. The acceptance level for those aged between 45 and 64 (score 2.4) is significantly lower than those aged between 15 and 24 (score 4.6). However, on the issues that such behaviour is the same as ordinary people, and that is affects other people, the difference among various age groups is not very significant. They all have an ambivalent attitude. (Table 2) For people with different marital status, it is observed that the acceptance level for single people are higher than that of married persons on various issues. (Table 2) Comparatively, students, people with higher income ($ 1 5,000+) and better education (post-secondary or above) are more likely than the others to accept homosexuals/ bisexuals. (Tables 2,3 and 4) SOCIAL INTERATION WITH HOMOSEXUALS/ BISEXUALS Overall speaking, social interaction with homosexuals/ bisexuals is considered acceptable to a certain extent. The majority (over 80%) of people would not mind working or studying together with these individuals. (Tables 5,6,7 and 8) In general, interacting with homosexuals/ bisexuals in social occasions such as shaking hands, going out to movies, Karaoke, dinner and swimming do not pose a problem for the majority. Only 21% of people would mind shaking hand with homosexuals/bisexuals, followed by dining out (28%), watching movies (30%), singing Karaoke (30%) and going swimming (35%). Similarly, less than half of the people would mind staying in a hotel which would also accommodate or joining a club which would not refuse homosexuals/bisexuals. (Tables 5,6,7 and 8) However, people are likely to shun homosexuals/ bisexuals in situations which involve closer contacts. It is observed that the level of resistance tends to increase steadily as the sphere of social interaction gets closer to personal contacts. While less than one-fifth of people would mind working in the same office or in the same team, or studying in the same class with homosexuals/bisexuals, a noticeable increase in the level of resistance is observed when people were asked about employing homosexuals/bisexuals as domestic helpers, sharing an apartment or subletting a room to them. About three-fourths (74%) of people would mind subletting a room to homosexuals/bisexuals, followed by 72% mind sharing a flat, and 69% would mind employing homosexuals/bisexuals as domestic helpers. (Tables 5,6,7 and 8) Compared to men, women have a lower acceptance of subletting a room to homosexuals/bisexuals (77% of women would mind vis-à-vis 72% of men), sharing an apartment with these individuals (74% women vis-à-vis 71% men) and employing them as domestic helpers (72% women vis-à-vis 67% men). (Table 6) In respect of issues concerning social interaction with homosexuals/ bisexuals, women less likely than men would mind singing Karaoke (26% of women would mind vis-à-vis 34% of men), watching movies (27% women vis-à-vis 33% men), and dining out (26% women vis-à-vis 31% men) with homosexuals/bisexuals. (Table 6) In general, people aged 45+ tend to have a lower acceptance of homosexuals/bisexuals than those in the 15-24 age group. (Table 6) Generally speaking, people of higher education (post-secondary or above) and personal income ($ 15,000+) are more likely than the others to accept homosexuals/bisexuals in various spheres of social interaction. (Tables 6 and 8) Home-makers tend to have a lower acceptance of homosexuals/bisexuals in situations that involve closer contacts with their families such as subletting a room (86% of the housewives would mind), sharing an apartment (83% would mind) or employing them as domestic helper (81% would mind). Otherwise, their responses to issues on general social interaction with homosexuals/bisexuals are very similar to other people.( Table 7) Comparatively, students tend to have a higher acceptance of homosexuals/bisexuals than the others. They (93%) would not mind studying in the same class with homosexuals/bisexuals. For those who work as professionals/managers, services/ clerical/sales workers, craft/unskilled workers, their level of acceptance seems to be lower than that of the students, but higher than that of the home-makers. (Table7) LEVEL OF ACDEPTANCE OF ACCEPTANCE OF HOMOSEXUALS/BISEXUALS IN TEACHING PPOSTS AND PUBLIC SERVICE Generally speaking, the public seems to be ambivalent about homosexuals/bisexuals in taking up teaching position or engaging in public service. On the issue that a homosexual/bisexual works as a teacher in primary/secondary school, the public's level of acceptance (mean score of 4.3 on a rating scale of 0 (totally unacceptable) to 10 (totally acceptable)) is lower than those on working as a lecturer in a tertiary education institute (score 5.2)and occupying an important position in public service (score 5.1). This may reflect a concern of people on the possible effect of homosexual/bisexual behaviour on younger people. (Tables 9,10 and 11) Analyzed by sex, male and female are of similar opinions towards these issues. (Table9) Across different age groups, elderly people seem to have a lower level of acceptance of homosexuals/bisexuals. (Table9) On the contrary, people with higher education (post-secondary or above) and personal income ($15,000+) seem to have a higher level of acceptance than the others on these issues. (Tables 9 and 11) Homosexuals/bisexuals working as a teacher in primary/secondary school or even tertiary education institute is least accepted by home-makers than other people. The corresponding scores for home-makers are 3.7 and 4.6 respectively. On the other hand, students are more likely to accept their teachers being a homosexual/bisexual in primary/secondary school (Score 5.3) and in tertiary education institute (score 5.8). Overall speaking, the professionals/managers have a level of acceptance higher than that of craft/unskilled workers. (Table 10) LEVEL, OF ACCEPTANCE OF HOMOSEXUALS/ BISEXUALS IN SETTING UP FAMILIES Attempts of the homosexual/ bisexual couples to set up families through marriage, and have children through adoption or reproductive technology are less accepted. The levels of acceptance are low, and the corresponding scores range from 3.9 in the case of a lesbian adopting a child, to 2.8 for a gay making use of reproductive technology to have children. Overall speaking, people seem to accept lesbians' attempt in setting up family more than the gays'. In terms of adopting a child or making use of reproductive technology to have a child, the level of acceptance for lesbian (scores 3.9 and 3.7 respectively) is higher than that of gay (scores 3.2 and 2.8 respectively). Similarly, people are more likely to accept two lesbians getting married (score 3.7) than two gays (score 3.3). (Tables 12,13 and 14) On issues concerning children, women's acceptance level of homosexuals/bisexuals is lower than that of men. However, on the issue of two homosexual individuals getting married, women's acceptance level is higher than that of men. It may reflect women's greater concern about issues where children are involved. (Table 12) Younger people tend to have a comparatively higher acceptance level of homosexuals /bisexuals than the elderly, although the differences are not quite significant. (Table 12) Likewise, for people who are of higher education (post-secondary or above) and personal income ($15,000+), they tend to accept homosexuals/bisexuals more than others but the differences are not very significant. (Tables 12and 14) Home-makers seem more unlikely to accept homosexuals/bisexuals to set up families. Their acceptance level for a lesbian or a gay to adopt a child is very low (scores 2.4 and 2.0 respectively). Similarly, they are less likely to accept lesbian or gay in making use of reproductive technology to have a child (scores2.9 and 2.3 respectively). In terms of two gays or two lesbians getting married, the acceptance level among home-makers is again lower than the others. The respective scores are 2.9 and 3.1. (Table 13) EFFECTIVENESS OF ANTI-DISCRIMIINATION MEASURES People think that the most effective measure in tackling the issue of discrimination on the ground of sexual orientations is to strengthen public's concept on equal opportunities for all (mean score of 7.2 on a rating scale of 0 (very ineffective) to 10 (Very effective)). (Tables 15,16 and 17) Besides civic education on equal opportunities, education which enhances people's awareness of the different forms of sexual orientation (score 6.9) is perceived to have similar effectiveness. The effective level of strengthening the school curriculum of civic education (score 6.7) is looked upon as another effective means. In addition, it is also considered effective for the government to set up a responsible department to handle complaints (score 6.3) and to take into account the needs of people who are of different sexual orientations (score 5.6). Introduction of legislation to outlaw discrimination on the ground of sexual orientation (score 4.0) is perceived to be less effective than civic education. In general, people of different sex, age, marital status, occupation, education or personal income tend to hold similar views on the various degree of effectiveness of anti-discrimination measures. ------------------------------------- -------------------------------------------------------------------------- ------------------------------------- TABLES ----------------------- Table 1 AWARENESS OF DIFFERENT SEXUAL ORIENTATIONS Sex Age Marital Status Total Male Female 15-24 25-34 35-44 45-64 Single Married (%) (%) (%) (%) (%) (%) (%) (%) (%) Heterosexuality 87 87 88 92 93 88 78 93 84 Homosexuality 96 96 97 99 99 97 91 99 95 Bisexuality 76 76 76 82 86 76 61 85 70 Base : All respondents 4288 2199 2089 851 1189 1134 1115 1543 2673 ('000) Unweighted Base: 1535 782 753 372 478 475 210 630 881 (Ref:Q1) Note : Figures are percentages of persons who are aware of the different forms of sexual orientation. ----------------------- Table 2 LEVEL OF ACCEPTANCE OF HOMOSEXUAL/BISEXUAL BEHAVIOUR - I Sex Age Marital Education Status Primary Post - TotalMale Female 15-24 25-3435-44 45-64 Single Married Or Secondary Secondary Below Or Above Homosexuality / Bisexuality Are 3.4 3.2 3.6 4.6 3.9 3.0 2.4 4.4 2.8 2.3 3.6 4.0 Acceptable Only Heterosexuality 8.7 8.8 8.6 7.4 8.5 9.1 9.3 7.8 9.2 9.4 8.6 8.0 Is Normal Homosexuality / Bisexuality Are Behaviour Of 6.3 6.2 6.3 7.3 6.9 6.0 5.0 7.2 5.7 5.0 6.4 7.3 Personal Choice Homosexual / Bisexual Behaviour 5.1 5.2 5.1 4.7 5.1 4.9 5.7 4.9 5.3 5.3 5.0 5.6 Affects Other People The Behaviour Of Homosexuals / Bisexuals Are 5.0 5.0 4.9 5.4 5.3 4.8 4.4 5.4 4.7 4.4 5.0 5.3 The Same As Ordinary People Homosexuality / Bisexuality Corrupts Young 5.6 5.4 5.8 5.0 5.5 5.7 6.1 5.1 5.9 6.1 5.5 5.5 People Base : All respondents 4288 2199 2089 851 1189 1134 1115 1543 2673 851 2692 745 ('000) Unweighted Base: 1535 782 753 372 478 475 210 630 881 244 1033 258 (Ref:Q2) Note : Figures are mean scores based on a scale with values between "0" and "10", where "0" means "Totally disagree" and "10" means "Totally agree" ----------------------- Table 3 LEVEL OF ACCEPTANCE OF HOMOSEXUAL/BISEXUAL BEHAVIOUR - II Occupation Services Craft / TotalEmployed Professionals / Unskilled Home - StudentsUnemployed Persons / Mangers Clerical Makers / Retired / Sales Workers Homosexuality / Bisexuality Are 3.4 3.3 3.6 3.7 2.7 2.9 4.6 3.6 Acceptable Only Heterosexuality 8.7 8.7 8.6 8.5 9.1 9.2 7.2 9.0 Is Normal Homosexuality / Bisexuality Are Behaviour Of 6.3 6.3 6.8 6.7 5.5 5.6 7.3 5.5 Personal Choice Homosexual / Bisexual Behaviour 5.1 5.2 5.4 5.0 5.2 5.2 4.9 5.2 Affects Other People The Behaviour Of Homosexuals / Bisexuals Are 5.0 4.9 5.2 5.0 4.6 4.6 5.6 5.2 The Same As Ordinary People Homosexuality / Bisexuality Corrupts Young 5.6 5.5 5.5 5.7 5.4 5.9 5.0 6.1 People Base : All respondents 4288 2761 833 994 934 804 461 240 ('000) Unweighted Base: 1535 977 299 359 319 261 229 60 (Ref:Q2) Note : Figures are mean scores based on a scale with values between "0" and "10", here "0" means "Totally disagree" and "10" means "Totally agree" Employed persons include the Professionals/Managers, Service/Clerical/Sales and Craft / Unskilled Workers. ----------------------- Table 4 LEVEL OF ACCEPTANCE OF HOMOSEXUAL/BISEXUAL BEHAVIOUR - III Personal Monthly Income $15,000 Total Below $4,000-7,999 $8,000.14,999 Or No $4,000 Income Above Homosexuality / Bisexuality Are 3.4 2.3 2.5 3.4 3.6 3.5 Acceptable Only Heterosexuality Is 8.7 9.9 9.1 8.8 8.4 8.6 Normal Homosexuality / Bisexuality Are Behaviour Of 6.3 4.8 5.3 6.5 6.8 6.1 Personal Choice Homosexual / Bisexual Behaviour Affects Other 5.1 4.1 5.1 5.1 5.3 5.1 People The Behaviour Of Homosexuals / Bisexuals Are The 5.0 3.5 4.2 5.1 5.1 5.0 Same As Ordinary People Homosexuality / Bisexuality Corrupts Young 5.6 5.8 5.5 5.5 5.6 5.7 People Base : All respondents ('000) 4288 42 532 1276 911 1499 Unweighted Base : 1535 16 176 454 333 548 (Ref:Q2) Note : Figures are mean scores based on a scale with values between "0" and "10", where "0" means "Totally disagree" and "10" means "Totally agree" ----------------------- Table 5 SOCIAL INTERACTION WITH HOMOSEXUAL/BISEXUAL INDIVIDUALS - I Mind (%) Don't Mind Depends (%)Don't Know (%) (%) Subletting A Room 74 22 3 1>/td> Sharing An Apartment 72 25 2 1 Employing As Domestic Helper 69 29 1 1 Letting Your Apartment 53 45 1 1 Joining The Same Club 49 49 1 1 Living In The Same Hotel 37 61 1 1 Going Swimming 35 63 1 1 Singing Karaoke 30 67 2 1 Watching Movie 30 67 2 1 Dining Out 28 69 2 1 Shaking Hands 21 77 1 1 Working In The Same Team 19 80 1 * Studying In The Same Class 18 81 * 1 Working In The Same Office 14 85 1 * (Ref:Q3-5) * Less than 0.5% ----------------------- Table 6 SOCIAL INTERACTION WITH HOMOSEXUAL/BISEXUAL INDIVIDUALS - II Sex Age Marital Status Education Primary Post - TotalMale Female 15-24 25-34 35-44 45-64 Single Married Or Secondary Secondary (%) (%) (%) (%) (%) (%) (%) (%) (%) Below (%) Or Above (%) (%) Subletting A Room 74 72 77 60 69 82 83 62 81 83 73 70 Sharing An Apartment 72 71 74 60 69 80 78 62 78 79 70 71 Employing As Domestic 69 67 72 52 66 79 76 55 78 78 68 66 Helper Letting Your Apartment 53 52 54 40 47 61 62 43 59 69 51 43 Joining The Same Club 49 48 49 29 40 60 62 33 58 60 47 42 Living In The Same 37 38 37 32 35 42 40 31 42 39 38 35 Hotel Going Swimming 35 34 36 20 26 44 46 20 43 49 33 27 Singing Karaoke 30 34 26 13 22 40 43 15 39 45 28 22 Watching Movie 30 33 27 11 22 40 44 14 39 44 28 23 Dining Out 28 31 26 12 22 38 38 14 37 39 27 20 Shaking Hands 21 24 19 9 15 25 34 10 28 37 19 14 Working In The Same 19 22 16 9 13 25 26 10 24 26 17 18 Team Studying In The Same 18 20 15 8 11 24 27 8 23 29 16 12 Class Working In The Same 14 16 12 7 9 18 21 7 18 20 12 15 Office Base : All respondents 4288 2199 2089 851 1189 1134 1115 1543 2673 851 2692 745 ('000) Unweighted Base : 1535 782 753 372 478 475 210 630 881 244 1033 258 (Ref:Q3-5) Note : Figure are percentages of persons who indicate that 'they would mind" ----------------------- Table 7 SOCIAL INTERACTION WITH HOMOSEXUAL/BISEXUAL INDIVIDUALS - III Occupation Services Craft / TotalProfessionals / Unskilled Home - Students Unemployed (%) / Manages (%) Clerical Workers Makers (%) / Retired / Sales (%) (%) (%) (%) Subletting A Room 74 74 72 76 76 60 70 Sharing An Apartment 72 75 69 72 83 62 65 Employing As Domestic 69 72 67 70 81 53 61 Helper Letting Your Apartment 53 49 49 55 63 44 62 Joining The Same Club 49 47 48 54 56 24 56 Living In The Same 37 37 35 43 40 37 23 Hotel Going Swimming 35 33 30 40 47 16 34 Singing Karaoke 30 29 22 40 39 14 32 Watching Movie 30 30 22 39 39 11 35 Dining Out 28 29 22 35 38 12 24 Shaking Hands 21 21 16 28 29 7 24 Working In The Same 19 22 14 25 22 8 18 Team Studying In The Same 18 17 12 26 24 7 17 Class Working In The Same 14 18 11 16 17 6 15 Office Base : All respondents 4288 833 994 934 804 461 240 ('000) Unweighted Base : 1535 299 359 319 261 229 60 (Ref:Q3-5) Note : Figures are percentages of persons who indicate that 'they would mind" ----------------------- Table 8 SOCIAL INTERACTION WITH HOMOSEXUAL/BISEXUAL INDIVIDUALS - IV Personal Monthly Income Total Below $4,000-7,999 $8,000-14,999 $15,000 No (%) $4,000 (%) (%) Or Above Income(%) (%) (%) Subletting A Room 74 87 79 72 71 75 Sharing An Apartment 72 80 74 70 72 74 Employing As Domestic 69 79 69 69 71 69 Helper Letting Your Apartment 53 78 56 50 48 57 Joining The Same Club 49 73 59 48 46 46 Living In The Same Hotel 37 39 44 38 35 36 Going Swimming 35 43 41 33 32 36 Singing Karaoke 30 38 34 31 27 30 Watching Movie 30 43 32 30 28 30 Dining Out 28 38 33 27 27 28 Shaking Hands 21 38 25 22 19 21 Working In The Same Team 19 6 21 19 21 17 Studying In The Same 18 19 22 18 16 17 Class Working In The Same 14 6 18 12 16 13 Office Base : All respondents 4288 42 532 1276 911 1499 ('000) Unweighted Base : 1535 16 176 454 333 548 (Ref:Q3-5) Note : Figures are percentages of persons who indicate that "they would mind" ----------------------- Table 9 LEVEL OF ACCEPTANCE OF HOMOSEXUAL/BISEXUAL INDIVIDUALS IN TEACHING POSTS AND PUBLIC SERVICE - I Sex Age Marital Education Status Primary Post - TotalMale Female 15-24 25-3435-44 45-64 Single Married Or Secondary Secondary Below Or Above A Homosexual / Bisexual Works As A Teacher In 4.3 4.3 4.3 5.2 4.6 3.9 3.6 5.2 3.8 3.7 4.4 4.4 Primary / Secondary School A Homosexual / Bisexual Works As A Lecturer In 5.2 5.2 5.2 5.8 5.6 4.8 4.6 5.9 4.8 4.6 5.1 6.0 Tertiary Education Institute A homosexual / Bisexual Occupies An Important 5.1 5.0 5.3 5.6 5.5 4.8 4.7 5.7 4.9 4.5 5.2 5.7 Position In Public Service Base : All respondents 4288 2199 2089 851 1189 1134 1115 1543 2673 851 2692 745 ('000) Unweighted Base : 1535 782 753 372 478 475 210 630 881 244 1033 258 (Ref:Q6) Note : Figures are mean scores based on a scale with values between "0" and "10", where "0" means "Totally unacceptable" an "10" means "Totally acceptable" ----------------------- Table 10 LEVEL OF ACCEPTANCE OF HOMOSEXUAL/BISEXUAL INDIVIDUALS IN TEACHING POSTS AND PUBLIC SERVICE - II Occupation Services Craft / TotalEmployed Professionals / Unskilled Home - StudentsUnemployed Persons / Managers Clerical Makers / Retired / Sales Workers A Homosexual / Bisexual Works As A Teacher In 4.3 4.3 4.3 4.6 4.0 3.7 5.3 4.4 Primary / Secondary School A Homosexual / Bisexual Works As A Teacher In 5.2 5.3 5.7 5.3 4.8 4.6 5.8 5.4 Tertiary Education Institute A Homosexual / Bisexual Occupies An Important 5.1 5.2 5.6 5.3 4.6 4.6 5.7 5.4 Position In Public Service Base : All respondents 4288 2761 833 944 934 804 461 240 ('000) Unweighted Base : 1535 977 299 359 319 261 229 60 (Ref:Q6) Note : Figures are mean scores based on a scale with values between "0" and "10", where "0" means "Totally unacceptable" and "10" means "Totally acceptable" Employed persons include the Professionals/Managers, Services/Clerical/Sales and Craft/Unskilled Workers. ----------------------- Table 11 LEVEL OF ACCEPTANCE OF HOMOSEXUAL/BISEXUAL INDIVIDUALS IN TEACHING POSTS AND PUBLIC SERVICE - III Personal Monthly Income Total Below $4,000-7,999 $8,000-14,999 $15,000 No Income $4,000 Or Above A Homosexual / Bisexual Works As A Teacher In 4.3 3.3 4.1 4.4 4.3 4.3 Primary / Secondary School A Homosexual / Bisexual Works As A Teacher In 5.2 5.1 4.8 5.1 5.6 5.1 Tertiary Education Institute A Homosexual / Bisexual Occupies An Important 5.1 5.5 4.8 5.0 5.5 5.1 Position In Public Service Base : All respondents ('000)4288 42 532 1276 911 1499 Unweighted Base : 1535 16 176 454 333 548 (Ref:Q6) Note : Figures are mean scores based on a scale with values between "0" and '10", where "0" means "Totally unacceptable" and "10" means "Totally acceptable" ----------------------- Table 12 LEVEL OF ACCEPTANCE OF HOMOSEXUAL/BISEXUAL INDIVIDUALS IN SETTING UP FAMILIES - I Sex Age Marital Education Status Primary Post - TotalMale Female 15-24 25-3435-44 45-64 Single Married Or Secondary Secondary Below Or Above A Lesbian Adopts A 3.9 4.2 3.6 4.8 4.2 3.4 3.3 4.7 3.4 2.9 4.0 4.6 Child A Gay Adopts A Child 3.2 3.3 3.0 4.3 3.5 2.4 2.7 4.0 2.7 2.3 3.2 3.9 Lesbian Makes Use Of Reproductive 3.7 4.0 3.3 4.3 4.0 3.3 3.2 4.2 3.4 2.7 3.8 4.4 Technology Gay Makes Use Of Reproductive 2.8 3.0 2.7 3.6 3.1 2.5 2.4 3.4 2.5 2.0 2.9 3.7 Technology Two Lesbians Get Married 3.7 3.6 3.8 4.3 4.1 3.5 3.1 4.4 3.3 2.9 3.8 4.4 Two Gays Get Married 3.3 3.1 3.5 3.9 3.7 3.0 2.6 4.0 2.9 2.5 3.3 4.1 Base : All respondents 4288 2199 2089 851 1189 1134 1115 1543 2673 851 2692 745 ('000) Unweighted Base : 1535 782 753 372 478 475 210 630 881 244 1033 258 (Ref:Q6) Note : Figures are mean scores based on a scale with values between "0" and "10", where "0" means "Totally unacceptable" and "10" means "Totally acceptable" ----------------------- Table 13 LEVEL OF ACCEPTANCE OF HOMOSEXUAL/BISEXUAL INDIVIDUALS IN SETTING UP FAMILIES - II Occupation Services Craft / TotalEmployed Professionals / Unskilled Home - StudentsUnemployed Persons / Managers Clerical Makers / Retired / Sales Workers A Lesbian Adopts A 3.9 4.2 4.4 4.3 3.8 2.4 5.0 3.7 Child A Gay Adopts A Child 3.2 3.3 3.6 3.5 2.8 2.0 4.5 2.9 Lesbian Makes Use Of Reproductive 3.7 3.7 4.3 3.4 3.6 2.9 4.5 3.4 Technology Gay Makes Use Of Reproductive 2.8 2.8 3.4 2.8 2.4 2.3 3.9 2.6 Technology Two Lesbians Get Married 3.7 3.8 4.2 4.0 3.2 3.1 4.2 4.0 Two Gays Get Married 3.3 3.3 3.6 3.5 2.8 2.9 4.0 3.2 Base : All respondents 4288 2761 833 994 934 804 461 240 ('000) Unweighted Base : 1535 977 299 359 319 261 229 60 (Ref:Q6) Note Figures are mean scores based on a scale with values between "0" and "10", where "0" means "Totally unacceptable" and "10" means "Totally acceptable" Employed persons include the Professionals/Managers, Services/Clerical/Sales and Craft/Unskilled Workers. ----------------------- Table 14 LEVEL OF ACCEPTANCE OF HOMOSEXUAL/BISEXUAL INDIVIDUALS IN SETTING UP FAMILIES - III Personal Monthly Income Total Below $4,000-7,999$8,000-14,999 $15,000 No Income $4,000 Or Above A Lesbian Adopts A Child 3.9 3.6 3.8 4.1 4.4 3.4 A Gay Adopts A Child 3.2 1.5 3.1 3.3 3.4 2.9 Lesbian Makes Use Of Reproductive 3.7 3.0 3.1 3.6 4.5 3.5 Technology Gay Makes Use Of Reproductive 2.8 1.9 2.3 2.8 3.4 2.8 Technology Two Lesbians Get Married 3.7 2.5 3.3 3.7 4.3 3.6 Two Gays Get Married 3.3 2.2 3.1 3.1 3.8 3.3 Base : All respondents 4288 42 532 1276 911 1499 ('000) Unweighted Base : 1535 16 176 454 333 548 (Ref:Q6) Note Figures are mean scores based on a scale with values between "0" and "10", where "0" means "Totally unacceptable" and "10" means "Totally acceptable" ----------------------- Table 15 EFFECTIVENESS OF THE POSSIBLE ANTI-DISCIMINATION MEASURES - I Sex Age Education Primary Post - TotalMale Female 15-24 25-3435-44 45-64 Or Secondary Secondary Below Or Above Strengthen Public Concept On Equal 7.2 7.0 7.3 7.3 7.3 7.2 6.9 6.8 7.3 7.1 Opportunities For All Enhance Public Knowledge Of The Different 6.9 6.9 6.9 7.3 7.2 6.9 6.3 6.2 7.0 7.4 Kinds Of Sexual Orientation Strengthen The School Curriculum Of 6.7 6.8 6.6 7.1 6.9 6.4 6.5 6.3 6.8 7.0 Civic Education In This Respect The Government Sets Up A Responsible Department To Handle Complaints For 6.3 6.1 6.4 6.3 6.1 6.3 6.3 6.2 6.4 5.9 People Who Are Of Different Sexual Orientations The Government Sets Up A Responsible Department To Take Into Account The 5.6 5.4 5.9 6.1 5.7 5.6 5.3 5.7 5.6 5.5 Needs Of People Who Are Of Different Sexual Orientations Introduce Legislation To Outlaw Discrimination 4.0 4.0 4.0 4.2 3.8 3.8 4.3 3.9 4.1 3.9 On The Ground Of Sexual Orientation Base : All respondents 4288 2199 2089 851 1189 1134 1115 851 2692 745 ('000) Unweighted Base : 1535 782 753 372 478 475 210 244 1033 258 (Ref:Q7A) Note Figures are mean scores based on a scale with values between "0" and "10", where "0" means "Totally unacceptable" and "10" means "Totally acceptable" ----------------------- Table 16 EFFECTIVENESS OF THE POSSIBLE ANTI-DISCIMINATION MEASURES - II Occupation Service / Craft / TotalEmployued Professionals Clerical Unskilled Home - StudentsUnemployed Persons / Managers Makers / Retired / Sales Workers Strengthen Public Concept On Equal 7.2 7.2 7.1 7.3 7.2 7.0 7.0 7.1 Opportunities For All Enhance Public Knowledge Of The Different 6.9 7.0 7.1 7.1 6.8 6.5 7.2 6.6 Kinds Of Sexual Orientation Strengthen The School Curriculum Of 6.7 6.8 6.8 6.8 6.7 6.4 6.9 6.5 Civic Education In This Respect The Government Sets Up A Responsible Department To Handle Complaints For 6.3 6.2 6.0 6.2 6.4 6.4 6.4 6.1 People Who Are Of Different Sexual Orientations The Government Sets Up A Responsible Department To Take Into Account The 5.6 5.5 5.6 5.4 5.5 5.9 6.1 5.2 Needs Of People Who Are Of Different Sexual Orientations Introduce Legislation To Outlaw Discrimination 4.0 3.9 3.8 3.7 4.3 4.0 4.4 4.5 On The Ground Of Sexual Orientation Base : All respondents 4288 2761 833 994 934 804 461 240 ('000) Unweighted Base : 1535 977 299 359 319 261 229 60 (Ref:Q7A) Note Figures are mean scores based on a scale with values between "0" and "10", where "0" means "Totally unacceptable" and "10" means "Totally acceptable" Employed persons include the Professionals/Managers, Services/Clerical/Sales and Craft/Unskilled Workers. ----------------------- Table 17 EFFECTIVENESS OF THE POSSIBLE ANTI-DISCIMINATION MEASURES - III Personal Monthly Income $15,000 Total Below $4,000-7,999 $8,000-14,999 Or No Income $4,000 Above Strengthen Public Concept On Equal Opportunities For 7.2 6.7 7.2 7.2 7.3 7.1 All Enhance Public Knowledge Of The Different Kinds Of 6.9 6.4 6.4 7.0 7.3 6.7 Sexual Orientation Strengthen The School Curriculum Of Civic Education 6.7 5.3 6.7 6.8 6.9 6.6 In This Respect The Government Sets Up A responsible Department To Handle Complaints 6.3 6.9 6.2 6.3 6.0 6.4 For People Who Are Of Different Sexual Orientations The Government Sets Up A responsible Department To Take Into Account The 35.6 4.9 5.6 5.5 5.5 5.9 Needs Of People Who Are Of Different Sexual Orientations Introduce Legislation To Outlaw Discrimination On 4.0 4.3 4.5 3.9 3.6 4.2 The Ground Of Sexual Orientation Base : All respondents ('000) 4288 42 532 1276 911 1499 Unweighted Base : 1535 16 176 454 333 548 (Ref:Q7A) Note Figures are mean scores based on a scale with values between "0" and "10", where "0" means "Totally unacceptable" and "10" means "Totally acceptable" ------------------------------------- -------------------------------------------------------------------------- ------------------------------------- APPENDIX I - PROFILE OF THE RESPONDENTS APPENDIX I Profile Of The Respondents Sex Male 51% Female 49% 15-24 20% Age 25-34 28% 35-44 27% 45-64 25% Single 36% Marital Status Married 62% Others 2% No formal education 5% Education Primary education 15% Secondary 63% Post-secondary or above 17% Professional/Managers 20% Services/Clerical/Sales 23% Craft/Unskilled workers 22% Occupation Home-Marker(Female) 19% Retired 2% Students 11% Unemployed 3% Below $4000 1% $4000 - $7999 13% Personal Income $8000 - $14999 30% $15000 or above 21% No income 35% ------------------------------------- -------------------------------------------------------------------------- ------------------------------------- APPENDIX II - ENUMERATION EXPERIENCE APPENDIX II Enumeration experience The response rate of the study is 70.4% and the details of the fieldwork results are as follows: Main sample: 3,034 Non-effective sample: 855 Non-residential: Telephone not operating: 90 Different languages:(Other than Cantonese & 449 English) 105 Non contact after 3 calls: (household) 56 Refused from household: 115 Line busy: 40 Effective sample: 2,179 Non-contact after 3 calls: (individual) Refused: 174 On trip: 221 Half Way Refused: 30 Others: 70 No. of questionnaires rejected: (by QC & 8 Fieldwork) 141 Successful interviews: 1535 Response rate: 70.4% ------------------------------------- -------------------------------------------------------------------------- ------------------------------------- APPENDIX III - QUESTIONNAIRES -------------------------------------------------------------------------- SURVEY RESEARCH HONGKONG LTD Tel. No.: 2880-3388 (DAY TIME) 2880-3393 (NIGHT TIME) Name of Respondent: _________________ Tel no.: ____________________________ Tel code: ___________________________ Address: ___________________________ Add. code: _________________________ Interviewer No.: _____________________ Date of interview: ___________________ Time started: _______________________ Time ended: ________________________ -------------------------------------------------------------------------- 50702B OPINION SURVEY ON SEXUAL ORIENTATION INTRODUCTION Good morning/evening. I'm ____________ , an interviewer from Survey Research Hongkong Ltd. We do surveys on a wide range of topics. Today we are conducting an opinion survey on behalf of the Hongkong Government. The interview will not b e long. Thank you for your cooperation. SCREENING Sl. Can you tell me how many family members in your households are aged between 15 and 64? By family members who are now living in your household, I mean people sharing the meals and sleeping in the household for at least five nights a week. S2. Can you tell me, how old these family members are and their relationship with you? (Start from the eldest.) ALL THE RESPONDENTS, WHO AGED BETWEEN 15 AND 64 SHOULD BE INCLUDED IN THE LIST. Last Digit of Address Code No. List H/H Members between 15 and 64 Age 1 2 3 4 5 6 7 8 9 0 1. . . 1 1 1 1 1 1 1 1 1 1 2. . . 2 1 2 1 2 1 2 1 2 1 3. . . 2 3 1 2 3 1 2 3 1 2 4. . . 3 4 1 2 3 4 1 2 3 4 5. . . 5 1 2 3 4 5 1 2 3 4 6. . . 5 6 1 2 3 4 5 6 1 2 7. . . 3 4 5 6 7 1 2 3 4 5 8. . . 6 7 8 1 2 3 4 5 6 7 9. . . 8 9 1 2 3 4 5 6 7 8 10. . . 9 10 1 2 3 4 5 6 7 8 CHOOSE ONE RESPONDENT BY USING THE ADDRESS CODE AND ASK TO SPEAK TO THE SELECTED RESPONDENT MAIN QUESTIONNAIRE Mr/Miss/Ms, We are conducting an opinion survey on behalf of the Hong Kong Government. The survey aims to understand the public's views on different forms of sexual orientation (like heterosexuality, homosexuality or bisexuality). All the information provided will be treated in the strictest confidence. Questionnaires will be processed by computer and they will be destroyed once the data are processed. Thank you for your cooperation. 1. Have you heard about: Yes No Heterosexuality Yes No Homosexuality Yes No Bisexuality Yes No (According to our definitions, heterosexuality means sexually attracted to people of the opposite sex; homosexuality means sexually attracted to people of the same sex; and bisexuality means sexually attracted to both people of the opposite and the same sex.) 2. The following are the views some people have regarding homosexuality and bisexuality. Do you agree or disagree with their views? (You can choose any score between 0 to 10 to represent your views, with "0" meaning Totally (disagree and "10" Totally agree) a. homosexuality/bisexuality are acceptable b. only heterosexuality is normal c. homosexuality/bisexuality are behaviour of personal choice d. homosexual/bisexual behaviour affects other people e. the behaviour of homosexuals/bisexuals are the same as ordinary people f. homosexuality/bisexuality corrupts young people 3. Please tell me whether you would mind or wouldn't mind: If respondents answer 'Depend', interviewer please probe 'in what situation' Yes No Depends Don't know shaking hands with homosexuals/bisexuals 1 2 3 4 seeing movie with them 1 2 3 4 singing Karaoke with them 1 2 3 4 dining out with them 1 2 3 4 going swimming with them 1 2 3 4 4. Please tell me whether your would mind or wouldn't mind: If respondents answer "Depends', interviewer please probe 'in what situation' Yes No Depends Don't know subletting a room in your apartment to a homosexual/bisexual 1 2 3 4 letting your apartment to a homosexual/bisexual 1 2 3 4 staying in a hotel which would also accommodate guests who are homosexual/bisexual 1 2 3 4 employing a homosexual/bisexual as a domestic helper 1 2 3 4 being a member of a club which would not refuse homosexuals/bisexuals as members of the club 1 2 3 4 If respondents ask the meaning of 'Club', interviewer please tell them : "Club" means an association of not less than 30 persons associated together for social, literacy, cultural, political, sporting, athletic or other lawful purposes. They may own their facilities or accommodations. 5. Please tell me whether you would mind or wouldn't mind: If respondents answer 'Depends', interviewer please probe 'in what situation' Yes No Depends Don't know working in the same office with a homosexual/bisexual 1 2 3 4 working in the same team with a homosexual/bisexual 1 2 3 4 sharing the tenancy of an apartment with a homosexual/bisexual 1 2 3 4 being in the same class with a homosexual/bisexual at school 1 2 3 4 6. Will you accept or not the following situations? You can choose any score between 0 to 10 to represent your views, with "0" meaning Totally unacceptable while "10" meaning Totally acceptable + a homosexual/bisexual works as a teacher in primary/secondary school + a homosexual/bisexual works as a lecturer in tertiary education institute + a homosexual/bisexual occupies an important position in public service + a lesbian adopts a child + a gay adopts a child + lesbian makes use of reproductive technology + gay makes use of reproductive technology + two lesbians get married + two gays get married If respondents ask the meaning of "reproductive technology", interviewer please tell them: "reproductive technology" means any medical treatment or scientific intervention directed at assisting human reproduction. 7. (a) If there exists somebody discriminating homosexuals or bisexuals, do you think the following measures are effective or not in lessening the discrimination on the ground of sexual orientation? You can choose any score between 0 to 10 to represent your views, with "0" meaning Very ineffective and "l0" meaning Very effective. + strengthen the school curriculum of civic education in this respect + enhance public knowledge of the different kinds of sexual orientation + the government sets up a responsible department to handle complaints for people who are of different sexual orientations + the government sets up a responsible department to take into account the needs of people who are of different sexual orientations + introduce legislation to outlaw discrimination on the ground of sexual orientation + strengthen public concept on equal opportunities for all (b) Are there any other measures you can think of? DEMOGRAPHICS -------------------- Dl. Could you please tell me your age? 15-19 20-24 25-29 30-34 35-39 40-44 45-49 50-54 55-59 60-64 -------------------- D2. Could you please tell me your marital status? Single Married Others (including divorced, separated etc.) -------------------- D3. Record sex Male Female -------------------- D4. Have you had any formal education? If yes, up to what level? No formal education Lower secondary (F1 to 3 (including private tuition) Primary education or Middle 1 to 3) Upper secondary (F4 to 7 or Post - secondary or Middle 4 to 6) above Others (SPECIFY) -------------------- D5. What is your occupation/position? Professional / Services / Craft / unskilled Home - managers clerical / workers makers Retired sales Others Student Unemployed Unclassifiable / (PLEASE refusal SPECIFY) -------------------- D6. What is your monthly income? HK$3,999 and below HK$4,000- HK$5,999 HK$6,000- HK$7,999 HK$8,000- HK$9,999 HK$10,000- HK$14,999 HK$15,000- HK$19,999 HK$20,000- HK$29,999 HK$30,000 and above No income