In 1996, Hong Kong, China enacted a Sex Discrimination Ordinance that prohibits discrimination on the grounds of sex, marital status or pregnancy. While people acknowledge that gender stereotyping still exists, the popular belief is that it is not a particularly serious problem.
Nonetheless, a survey by the US Department of State shows that almost 80 per cent of female workers in Hong Kong, China believe that they are discriminated against, that they have lower salaries than men and that they have fewer promotion opportunities. This is significant in that women comprise approximately 45 per cent of the labour force.
Women in Hong Kong, China are well protected in relation to family matters. The Marriage Ordinance sets the minimum age of marriage at 16 years for both sexes, but parental consent is required for persons younger than 21 years. Early marriage is quite rare: a 2004 United Nations report estimated that only 2 per cent of girls between 15 and 19 years of age were married, divorced or widowed. In fact, Hong Kong, China has the highest female mean age (29 years) of marriage in the East Asia/Pacific region.
Polygamy was permitted by law in Hong Kong, China until 1971; it was rendered illegal under the Offenses against the Person Ordinance. Despite these developments, polygamy still occurs as a cross-border phenomenon, with many Hong Kong, China businessmen maintaining concubines in mainland China.
Parental authority in Hong Kong, China is shared by both parents; the Guardianship of Minors Ordinance ensures that men and women have the same rights and obligations towards their children. The Committee on the Elimination of Discrimination against Women (CEDAW) reports that in the event of divorce, a court will determine custody. The guardian, be it the mother or the father, has the right to apply for maintenance payments from the other parent.
Although daughters and sons have equal legal rights toinheritance, in accordance with traditional Chinese practice, property is typically divided among sons (especially if it concerns a family business). Prior to the 1994 implementation of the New Territories Ordinance, women were not allowed to inherit land or property at all.
Hong Kong, China offers a high level of protection for the physical integrity of women. Violence against women is prohibited under three legal frameworks: the Crimes Ordinance; the Offences against the Person Ordinance; and the Domestic Violence Ordinance. Spousal rape is recognised as a crime. In general, the government supports the principle of “zero tolerance of domestic violence”, but it has been criticised for failing to adequately address the problem of such violence. As reported by the US Department of State, a 2005 University of Hong Kong survey found that one in five families have experienced some form of domestic violence. Women’s advocates are proposing that the Domestic Violence Ordinance be strengthened in three areas: by expanding the scope of coverage to include ex-spouses and ex-cohabiters; by including psychological harm as a valid criterion for attaching power of arrest to an injunction; and by lengthening the duration of injunction orders.
There is no evidence that female genital mutilation is practised. A slightly elevated sex ratio in favour of men suggests that Hong Kong, China may be a country of concern in relation to missing women.
Women in Hong Kong, China have strong support for economic independence. The law grants women and men above the age of 18 years equal access to land and access to property other than land. Women may also freely enter into contracts and apply for access to bank loans and other types of credit.
Women in Hong Kong, China are not restricted regarding their civil liberties: they have freedom of movement and freedom of dress.
CEDAW (Committee on the Elimination of Discrimination against Women) (2004), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: China (Hong Kong only), Combined Fifth and Sixth Periodic Reports of States Parties, CEDAW/C/CHN/5-6/Add.1, CEDAW, New York, NY.
Countries and Their Cultures (n.d.), Culture of Hong Kong, www.everyculture.com, accessed28 February 2008.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY.
US Department of State (2007), Country Reports on Human Rights Practices: China (Includes Tibet, Hong Kong, and Macau), US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
