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Hong Kong Plays Transgender Catch-up |
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 HONG KONG - In the biggest challenge yet to traditional Chinese values about sex in this city of 7 million people, a male-to-female transsexual is suing the government for the right to marry her male partner. Moreover, because the plaintiff makes such a compelling case, traditionalists find themselves on the legal defensive.
No matter the ultimate ruling in this unprecedented courtroom drama, it is another indication of how attitudes toward sex and sexual orientation are changing in Hong Kong and all over Asia. Such a conjugal union is already legally sanctioned in Singapore, Japan and South Korea - and even in some places on the Chinese mainland.
From a transgender perspective then, Hong Kong is playing catch-up. For gay-rights activists, increasingly assertive in the city as well, the case also bears watching. But, in the end, the plaintiff's persuasive legal arguments may hit an impenetrable wall of Confucian conservatism in a classic conflict between the law and the prevailing morality of those living under it.
The complainant, who has been granted anonymity, underwent government-subsidized sex-change surgery in a public hospital. Her lawyer, Michael Vidler, describes his 20-something client as someone who for years tried government-funded gender therapy before opting for surgery. His argument is as simple as it is cogent: a government that funds both the therapy and surgery should then recognize and honor a transsexual's new identity.
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Same-Sex Couples Included in the Domestic Violence Law |
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 On December 16, 2009, the Hong Kong Legislative Council passed an amendment in the domestic violence law to include same-sex couples in its provisions.
Starting January 1, 2010 the ordinance known as "Domestic and Cohabitation Relationships Violence Ordinance" will allow victims of violence in same-sex cohabitation relationships to seek legal remedies and apply for court injunctions. This means that a complainant can ask for a restraining order to prevent the perpetrator or abusive partner from entering or remaining in their residence.
The domestic violence ordinance was first enacted in 1986 to protect people in heterosexual relationships, whether married or cohabiting, by providing an injunction protection as a civil remedy. In August 2008, the government submitted a proposal to extend the scope of the law to cover former spouses or cohabitants, same-sex couples as well as immediate and extended family members. However, in response to aggressive opposition by conservative Christian groups and lawmakers, the provision to include same-sex couples was removed.
On June 17, 2009, attempts were made to include same-sex couples in the scope of the Domestic Violence Ordinance (DVO). Again, there was fierce opposition from conservative Christian groups and lawmakers, which resulted in a year-long delay in the introduction of the Domestic Violence (Amendment) Bill 2009 into the Legislative Council. The opposition argued that if the amendment were passed, it might be interpreted as a sign that Hong Kong will recognize same-sex unions and promote same-sex relationships.
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Eastern Asia 
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