The Life and Future of British Colonial Sexual Regulation in Asia

(Joint project with Hong Kong Law Journal)
by Associate Professor Lynette Chua and Professor Michael Hor, Hong Kong University

Legal reform concerning issues of sexual orientation and gender identity (SOGI) is a contemporary phenomenon that generates rich debates and contestations. Whereas the struggles in countries such as the United Kingdom and the United States have turned toward the legal recognition of same-sex relationships, parenting, and adoption, most former British colonies continue to deal with the persistence of colonial sexual regulation and its legacies after achieving independence. In the Asian region, Singapore's Court of Appeal recently upheld the constitutionality of section 377A ("gross indecency") of the Penal Code, as did the Indian Supreme Court on its section 377 ("carnal intercourse against the order of nature"). In Malaysia, the government continues to use its revised version of sections 377 and 377A on opposition politicians. In Myanmar, activists are beginning to raise public awareness about their section 377 of the Penal Code. In Hong Kong, although section 377 has been repealed, legal debates have emerged about the age of consent and other post-repeal issues.

These developments raise concerns not only about the rights of SOGI minorities but also questions such as: How do and should today's courts of independent nations decide on the continuing validity of sexual regulation inherited from the British colonial era? What is the role of legislature? How can SOGI minorities achieve equality and social change? How do and should activists advocate for reform?

Focusing on sections 377 and 377A of the penal code, and other similar provisions inherited from the British by its former colonies in the Asian region, the conference brings together scholars who study various facets of same-sex sexual regulation, including recent developments, its colonial legacies, and its future. The goal is to share insights on new research and collectively showcase contemporary scholarship on a timely issue in the region.

Conference Programme Schedule | Speakers' Brief Biographies | Conference Photos | Special Journal Issue in Hong Kong Law Journal Vol 26 Part 1 2016