Fridae

A petition has been launched to call on the Donald Tsang, Chief Executive of the Hong Kong Special Administrative Region and the Department of Justice to support equal rights for gay men and lesbians, and enact laws to protect gays and lesbians from discrimination.

The government of Hong Kong is now seeking to overturn High Court Judge Michael Hartmann's ruling that a higher age of consent for gays than for heterosexuals and lesbians - for whom consent is granted at 16 - is discriminatory and unconstitutional. The Appeals Court is expected to announce their decision on Wednesday.

Last August, Judge Michael Hartmann ruled that the anti-gay laws "discriminate on the basis of sexual orientation" and "are demeaning of gay men who are, through the legislation, stereotyped as deviant."

The petition is brought about by 21-year-old William Leung who in 2004 sought a judicial review of laws that criminalise men under the age of 21 who has sex with another man. If convicted, they could face life in prison.

"Under the law, I could have been thrown into jail for having a sexual relationship with someone I liked," said Leung, who was 19 at the time, in a local newspaper.

"It should not matter if you are gay or straight, or whatever. The law should be the same for all."

The petition, which is hosted by Fridae, demands that the Hong Kong government stops "delaying the repeal of discriminatory laws against gays" and for the "government enact legislation to protect gay and lesbian citizens against discrimination."

Lawyer Michael Vidler, who took up the case, said in a 2005 interview in a local newspaper: "If you have to live under the threat of imprisonment because of your sexuality, or when having a loving relationship, when you think about it... that is pretty clear discrimination. Heterosexuals do not face life imprisonment."

Leung explains why he has initiated the petition: "The government has taken every step possible to halt or delay proceedings (that were initiated in 2004). Most recently, against the advice of the government's own lead counsel, it sought to appeal the High Court judgment that ruled in favor of Billy Leung.

"This is consistent with a government that needs to be dragged to court before it concedes that laws are discriminatory to gays. This is consistent with a government that has still made no effort to repeal those same laws that it admits are discriminatory. This is consistent with a government that has failed to take any steps to prepare laws to protect gays and lesbians from discrimination.

"Please sign the petition below, and be a part of this historic civil rights battle. We need all those who want to be accorded their constitutional right to equal treatment before the law to stand up and be counted and let the government know that it must take action NOW."

The petition can be signed at www.fridae.asia/hkequalrights.