June 9th, 2012
警阻集會跳舞 同志提覆核 被指無娛樂牌 斥雙重規管侵權
2012年6月5日 (IDAHO Trial on MingPao)
【明報專訊】去年5月男同志團體在銅鑼灣街頭舉行「國際不再恐同日」活動，當他們在舞台上跳舞期間，被警方根據《公眾娛樂場所條例》指沒有申領娛樂牌，阻止他們繼續跳舞。男同志提出司法覆核，昨日開審，指公眾集會一向受《公安條例》監管，倘由上述兩條例雙重規管，意味日後集會時唱歌也要領牌，嚴重侵犯市民的言論自由。
指跳舞為表訴求非娛樂
申請人為男同志「T」，昨日由資深大律師麥高義代表，強調跳舞目的非為娛樂，而是對公眾關注的議題表達訴求，故不應受《公眾娛樂場所條例》（下稱「條例」）規限。麥高義指出，《公安條例》規管公眾集會，訂明集會人士須於活動前7天向警方發出通知書，當警方考慮到公眾安全後，或有權作出相應管制及指示，同時會發出不反對通知書。
同志：已受《公安條例》規管
另一方面，條例規定經營公眾娛樂場所人士，須在活動前6星期向發牌當局申領牌照。麥高義強調公眾集會已受《公安條例》規管，憲法賦予市民言論自由，故不應受到另一條例雙重監管，否則示威時唱首歌或做話劇亦可能要「攞牌」，此舉嚴重限制市民言論自由。
不過，代表政府的資深大律師莫樹聯反指條例將特定活動及項目定義為「娛樂」，規管特定表達手法，而非限制言論自由。
莫又稱，舉行娛樂活動很多時涉及搭建舞台及樓梯，《公安條例》只訂明集會人士須要預早一星期通知警方，短時間內無法確保搭建物的安全；相反，條例其中一個目的，是規管相關搭建物，顯示只為保障公眾安全，並無政治考慮。
政府：只為保障公眾安全
法官林文瀚關注發牌制度有沒有如申請人所指過分限制言論自由。莫重申，若公眾集會不涉及如戲劇、舞台表演等特定活動，便只受公安條例監管，強調規限合理，並無違憲。
麥高義又指出，條例訂明「讓公眾入場」才算「公眾娛樂」，但涉案活動在銅鑼灣駱克道行人專用區舉行，沒有圍欄及出入口，沒有所謂「入場」人士，故地方不屬「娛樂場所」，不應受條例監管。但莫樹聯指進行公眾娛樂的地方便屬「娛樂場所」。
T於去年5月15日參與同志組織主辦的「國際不再恐同日」，示威者以舞蹈表演表達反歧視信息，但警方到場指控主辦單位無娛樂牌，要求終止跳舞活動。
類似事件早年亦有發生，支聯會常委李耀基前年在銅鑼灣時代廣場擺放新民主女神像及六四浮雕，亦受《公眾娛樂場所條例》被票控無牌展覽，去年被裁定罪成，罰款2000元，現正等候上訴。
【案件編號﹕HCAL102/11】
■明報報料熱線﹕inews@mingpao.com / 9181 4676
April 16th, 2012
Hong Kong University Vice-Chancellor: Save transgender research at HKU. Employ Sam Winter beyond 60
Hong Kong University Vice-Chancellor: Save transgender research at HKU. Employ Sam Winter beyond 60
Why This Is Important
For twelve years Associate Professor Sam Winter of the University of Hong Kong (HKU) has been working in rights and health for transgender people. There are transphobic people at HKU , as anywhere else. So his work in this area has benefited from the fact that he had ‘tenure to 60’ (that is, security of employment until 60).
Sam’s work now faces the axe. Why? He is approaching 60 and A KEY COMMITTEE HAS DECIDED THAT IT WOULD NOT BE IN HKU’S BEST INTERESTS FOR SAM TO BE ALLOWED TO CONTINUE HIS RESEARCH AND WRITING, AS WELL AS SERVICE BEYOND THE CAMPUS, AS A FULL-TIME STAFF MEMBER OF HKU..
So what has Sam’s work involved? Well, he has been active working for enhanced rights and health for transgender people in the Asia-Pacific region and worldwide. He has been a vocal advocate for diagnostic reform in transgender health, arguing that the current psychiatric diagnoses applied to transgender people are inappropriate, and undermine their health and rights. He has written widely on trans issues; in journals in health, psychology, law and history. He has written chapters for books and encyclopedias for the general reader. He was recently commissioned by the Lancet, a leading medical journal worldwide, to lead a team writing the initial article in a short series on transgender health. He teaches on trans issues, and his courses on this subject are among the most popular and best evaluated courses across the whole campus.
Sam is a member (and in some cases has helped set up) a range of groups in Hong Kong and across the region working for transgender health and rights. He has recently written a report for UNDP (United Nations Development Programme) on factors influencing HIV risks among transgender people (report due out in next few weeks). He is a Board member of WPATH (the World Professional Association for Transgender Health); the only Board member from Asia. He has been appointed to a key WHO Geneva Working Group on diagnostic reform in the area of sexual health and disorders.
All this work is due to come to an end if he is removed from HKU.
Does anyone get to work at HKU beyond 60? Yes. Lots. For a start the Vice Chancellor is above 60. And many associate professors like me continue employment beyond 60 too. The overriding consideration — the consideration that prevails over all others — is whether it is in the UNIVERSITY’S BEST INTERESTS to continue to employ the person concerned.
So what is the problem with continuing to employ Sam Winter?
Well, it can’t be his work performance. Independent reviewers recently rated his work in the three key areas of teaching, research and service as excellent, excellent and excellent. And his courses are popular, with even more demand from students likely from next year. He is well regarded by colleagues and students. Over 230 students wrote to the Vice Chancellor voicing support for his case.
It certainly is not that HKU needs to cut staff. His faculty is planning to hire a whole load of new people next year. And it can’t be that Sam’s health is bad. So far it is great. So what is the problem?
IT IS HARD TO ESCAPE ONE CONCLUSION – THAT THE PROBLEM IS THE AREA OF WORK SAM WORKS IN – RESEARCH AND ADVOCACY FOR THE RIGHTS AND HEALTH OF TRANSGENDER PEOPLE.
There are very few scholars working in this area in Asia. After Sam is removed there will be no one working exclusively in this area in HK. So please help save Asia-Pacific transgender health and rights research and advocacy at HKU. Sign the petition now. And if you like write to the Vice-Chancellor, Professor Tsui Lap –Chee today at tsuilc@hku.hk.Click ‘petition letter’ above to see sample.
More on Sam Winter’s work : http://web.hku.hk/~sjwinter/general/
SIGN PETITION: https://www.change.org/petitions/hong-kong-university-vice-chancellor-save-transgender-research-at-hku-employ-sam-winter-beyond-60
June 17th, 2011
Stonewall Guide: Top 10 tips for Straight Allies
GET TO KNOW THE ISSUES Make time to speak to your gay colleagues, friends and family and find out about their experiences as a gay person at work. They will have ideas about how your workplace can be made more gay-friendly.
MAKE IT PERSONAL Talking about experiences of your own, about gay family-members and friends you have, or stories that gay colleagues have shared with you (check with them first!) can help others understand why it’s important.
BE YOURSELF For inspiration on how to be an effective ally you need only reflect on your own personal values. Ask yourself, and your colleagues, how would you like to be treated at work?
ASK FOR HELP Everyone worries about saying the wrong thing but if you’re taking a positive step you’ll find that gay colleagues are happy to answer your questions.
BE VISIBLE Make clear public statements about the importance of gay equality to you and your organisation. Making a public commitment to gay equality will help people understand it isn’t a tick-box exercise.
PUT WORDS INTO PRACTICE Whether you’re the CEO or a line manager, people watch you and take cues from your behaviour. Don’t simply talk about gay equality, challenge homophobic behaviour, become an ally or sponsor of the network group and attend events like Pride.
DEMONSTRATE LEADERSHIP As a leader being visible and saying ‘gay equality at work is important’ can powerfully affect the culture and tone within an organisation, a division or a team. It also demonstrates the organisation’s values to stakeholders, clients and customers.
MENTOR AND SUPPORT GAY STAFF Their sexual orientation is relevant to their experiences in the workplace and understanding this will help you to manage them better and help them to perform to their full potential.
HOLD COLLEAGUES TO ACCOUNT No-one can personally drive every single equality initiative. Holding colleagues to account on what they are doing to advance gay equality at work is one of the most effective tools that straight allies have.
MAKE IT NATURAL There’s no right or wrong way to be a straight ally. Be yourself so that your colleagues know gay equality isn’t something you’re doing because you have to, but because you want to.
Download it here: http://www.stonewall.org.uk/other/startdownload.asp?openType=forced&documentID=2705
June 16th, 2011
volunteer-training programme on queen women ambassador against Domestic Violence
女同志反家暴大使義工訓練計劃 volunteer-training programme on queen women ambassador against Domestic Violence
| 女同志反家暴大使義工訓練計劃 | ||||||||||||||||||||||||||||||
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香港女同盟會即將啟動本港首個「女同志及雙性戀女性反家庭暴力意識提升計劃」，我們需要妳的幫忙！ | |||||||||||||||||||||||||||||
| 自同性同居伴侶納入《家庭及同居關係暴力條例》保障範圍已經生效一年多，可惜對於同性伴侶家暴問題，未見有任何有效支援。期望透過本計劃，反家暴宣傳大使讓更多女同志認識家暴及求助渠道，提升警覺性，減少家暴的發生。 | ||||||||||||||||||||||||||||||
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| 有關女同盟與同性家暴 | ||||||||||||||||||||||||||||||
| 香港女同盟會自2006年起，致力推動家暴條例 修訂，保障同性同居伴侶。於2008年與中文大學心理學系合作，進行「香港同性伴侶關係 及衝突處理研究」，為亞洲首項同性家暴研究。該報告指出，49.9%成人受訪者曾遭同性配偶身體攻擊、身體損害及/或性暴力對待。自家暴條例修訂後，女同 盟獲多個社福機構邀請分享同性家暴的資訊，讓更多前線社工了解，以助防治家暴的發生。 | ||||||||||||||||||||||||||||||
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本計劃獲婦女動力基金(Her Fund)資助
February 22nd, 2011
Summer School on Sexual Orientation Law + PhD network + Conferences
1. Summer School
It is not yet too late to register for the Summer School on International and Comparative Sexual Orientation Law, that Whittier Law School is organising together with the Williams Institute (both based in Los Angeles). Previous editions of this succesful and unique program took place in Amsterdam. This year the program will take place in Barcelona (Spain) from 1 to 29 July 2011.
Participants in this program can choose up to six courses. The courses on offer include: Legal Recognition of Same-Sex Relationships Around the World (by Brad Sears), Spanish Law & the LGBT Community (by Cristina Gonzalez), Transgender Law (by Shannon Minter), Social Science and Public Policy on LGBT issues (by Lee Badgett) and Same-Sex Privacy, Partnership and Parenting in International and European Law (by Kees Waaldijk).
To make the program even more international, a limited number of places is being made available for non-US students at a sharply reduced fee of USD 1,000 (on condition that they will make a presentation during the program about developments in their own jurisdiction). Admission is at the discretion of the organisers.
Please apply before 1 March. Applications received after this date (but before 15 April) will be considered only if space is available. Please note that there is limited program housing, and priority will be given to early applicants.
2. PhD Network
Some of you – or some of your students/colleagues/friends - may also be interested to know that junior researchers in LGBT law are forming a PhD Network.The number of PhD candidates and other junior researchers working on legal aspects of sexual orientation or gender identity is growing. A few of them thought it would be good to start a network of junior researchers in LGBT law. Such a network could become a forum to exchange ideas, share information and build a broader and deeper knowledge of the field of sexual orientation, gender identity and the law. Therefore the group will be open to PhD candidates, PostDocs and other young researchers working in this field, whether in family law, social security law, labour law, constitutional law, international law or any other relevant area of law, or in sociology of law, legal history, law & economics, etc.
Would you be interested in joining such a network? If so, please contact Jose Maria Lorenzo Villaverde, who is doing PhD research at the Faculty of Law of the University of Copenhagen, on same-sex marriage and registered partnership in Spain and Denmark (see http://jura.ku.dk/phd/blaa_bog/villaverdejose
). He can be contacted at: jose.maria.lorenzo.villaverde@jur.ku.dk.
3. Upcoming conferences (with some content) on sexual orientation law
(those marked with * did not yet figure in my previous list)
* 2nd AsiaPacific Outgames Human Rights Conference, Wellington, 16-18 March 2011.
See www.wellingtonoutgames.com/conferences.
Legal Recognition of Same-Sex Relationships in Europe, Trier, 11-12 April 2011.
Conference organised by ERA – Academy of European Law. See www.era.int/cgi-bin/cms?_SID=28ba5e54a67607d09e8a167802bf8b43669629cc00102065238492&_sprache=en&_bereich=artikel&_aktion=detail&idartikel=121959.
Equality and Justice – LGBTI Rights in the XXI Century, Florence, 12-13 May 2011.
See above and www.equalityandjustice.eu.
International Day Against Homophobia, Nottingham, 17 May 2011.
Conference organised by the University of Nottingham, as part of the research project “Citizens in Diversity: A Four-Nation Study of Homophobia and Fundamental Rights”. Abstract deadline 31 January 2011. See www.equal-jus.eu/node/113.
* Justice in the Balkans – Equality for Sexual Minorities, Belgrade, 27-30 May 2011.
Information about this follow up to a similar conference in Monte Negro in 2009 will become available at www.lu.se/justice-in-the-balkans.
Company Pride Platform, Amsterdam, 1 July 2011.
Information about this conference will become available at www.companyprideplatform.org.
* LGBT/Queer Studies: Toward Trans/national Scholarly and Activist Kinships, An International Conference, Madrid, 3-5 July 2011.
See www.transnationalizinglgbt.com/index.php/madrid-conference
* Naming and Framing: The Making of Sexual (In)Equality, Madrid, 6-9 July 2011.
Conference of the International Association for the Study of Sexuality, Culture and Society (IASSCS). The 2011 Conference theme focuses on the multiple ways that equality and inequality are articulated through sexuality. See www.iasscs.org/2011conference.
* North American Outgames Human Rights Conference, Vancouver, 26-28 July 2011.
See www.vancouver2011outgames.com/conference.html.
National LGBT Bar Association Career Fair and Conference (Lavender Law), Los Angeles, 8-10 September 2011.
See www.lgbtbar.org/annual.
* European Geographies of Sexualities Conference, Brussels, 8-10 September 2011.
See http://ssqrg.net/?page_id=115.
ILGA-Europe Annual Conference, Torino, 27-30 October 2011.
See www.ilga-europe.org/home/about_us/annual_conference/turin_2011.
Mutual recognition of registered partnerships and same-sex marriages within the territory of the European Union: a restriction on the freedom of movement of EU citizens and members of their family? Strasbourg, 18-19 November 2011. Conference organised by the French organisation of LGBT professionals L’Autre Cercle.
See www.equal-jus.eu/node/77.
* And the biggest of them all: World Outgames Human Rights Conference, Antwerp, August 2013.
See www.woga2013.org/?PageId=4.
