Male/Male Sex in Hong Kong: Privacy, Please?

Abstract

In August 2005, the age of consent for male/male sexual activity in Hong Kong was held to be arbitrarily and discriminatorily targeting gay men and thus in violation of an individual’s right to privacy and his right of equality on the basis of sexual orientation. While the decision has since been affirmed on appeal, it has been argued that judicial recourse to equality rights where privacy rights would have sufficed for the provisions to be struck down was a misguided, if not mistaken, effort that merely reinforced the stereotype that gay men are “hypersexualized” and was a setback for the gay rights movement in Hong Kong. This article examines whether the argument is a well-founded one and discusses the implications of confining a man’s right to have consensual sex with another man to his privacy rights alone.