Age Of Consent : Gay Sex HKG

From time to time, we get asked, "what is the age of consent for gay sex in Hong Kong?  Is it 21, 18 or 16..?  It's confusing"

Yeah we agree.

To get the answer, one has to look at the history.  Here are some relevant quotes.  Numbering, underlining and bold print by FuelMix:

(1)  It wasn't until 1991 that Hong Kong's Legislative Council (Legco), then under British rule, acted to decriminalize consensual sex between men, although the legislation set the age of consent at 21 (while it remained 16 for heterosexuals) and ignored lesbianism altogether.

(2) In 2005, Hong Kong's High Court ruled the higher age of consent for gay men unconstitutional, and a government appeal of that ruling - spearheaded by Chief Executive Donald Tsang Yam-kuen, a devout Catholic - failed in 2006. So the age for consensual sex for both heterosexuals and gay men in Hong Kong is now 16, but the legal invisibility of lesbianism continues

-----"In Hong Kong a quiet advance for gay rights", Kent Ewing, Asia Times Online, 15 July 2011

1.  Got it...?  It is 16 for homos and heteros by judicial ruling.  If we're wrong, please correct us immediately.

2.  However, there's a quirk.....while the Courts made it very clear they would not tolerate discrimination between homos and heteros and declared 16 to be the age of consent, the Government has not yet acted to change the law by legislation - so far as we are aware.  Again, if we're wrong and the law has now been changed, correct us immediately.

3.  So the position is:

• the Courts have said 16 for homos and heteros.  
• the current legislation still draws the distinction between homos (consent age 21) and heteros (consent age 16).

4.  And just who is stopping the amendment to the legislation to bring it into line with the Courts ruling.....?  Those nice people who crow about religion and "Family Values".

5.  We would love to bring some of those "Family Values" people to a gay sauna....we're sure they would recognize some of their (happily...?) married friends with children and have a lively discussion in the video porn lounge.

6.  And talking of gay saunas, whilst the age of consent is effectively 16, some saunas around town MAY (we're not entirely sure because we've heard conflicting stories) impose a minimum entry age of 18.  Call them up beforehand.  If anyone has information on this, let us know.

Originally published 12 November 2015
Republished 8 May 2017

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