Sex Worker Rights

Sex workers are an insufficiently protected group, and are mainly represented by Ziteng (for female sex workers) and Midnight Blue (for male sex workers). This entry will highlight and explore loopholes in the current system which deprives sex worker rights and safety.

Firstly, Hong Kong laws criminalize everything but one (wo)man prostitution. It appears to discourage the business as it penalises procuring another to enter prostitution, soliciting on the street for a sexually immoral purpose, living on earnings of prostitutes by others, keeping vice establishments or landlords leasing or tenants using premises for the use of a vice establishment. It is advocated by the rights groups that the trade be decriminalized, as countries have the UK or New Zealand have done, in order to ease discrimination which illegality has reinforced.

Secondly, sex workers suffer physical and verbal abuse. Renting their own premises and banning sex workers from working together expose prostitutes to danger from clients and other groups. 70% of mainland Chinese prostitutes had experienced physical and verbal abuse in the workplace, and 30% had been robbed. The focus of the current law in targeting the sex trade coupled with poor enforcement results in clients often not made a responsible party for their crimes.

The problem is further exacerbated by poor relations with the police. In undisclosed interviews with the media, prostitutes have expressed distrust towards the police from experiences with patrolling police or undercover police 'clients' checking premises, often asking them for personal information, e.g. landlord and estate agent information and telling them not to work. Furthermore, they account policemen who sometimes prosecute beyond their powers, such as arresting sex workers on the street and even an incident where a woman was prosecuted for 'advertising' just because there was a 'welcome' sign on her door! A collection of newspaper articles found on Ziteng's web-blog also reveal instances of sexual abuses by the police during searches and investigation. The antagonised relations bar sex workers to seek for police help in times of abuse or as victims of crime. There is clearly a policy issue of balancing sex workers' right to privacy and nuisance and moral concerns of the public.

The Social Welfare Department does not treat prostitutes as a welfare service target group. Only a small number of NGOs such as Action for Reach Out visibly advocate for their legal rights and healthcare.

In 2008, 6 of the 36 murders in Hong Kong were of sex workers. This brought increased awareness to their rights. Sex workers and their representatives have met with Security Panel of LEGCO and the Crime Prevention Bureau of the Police. It appears that the murders have encouraged more sex workers to step out and speak out for their security.

In conclusion, the SAR government has to address sex workers concern for a decriminalised working environment, better protection of their safety, a promotion of a discrimination-free society, and even democracy for them elect a representative of their choice.After all, these groups will keep pushing hard for sex workers’ rights to be recognized, much further than marching on 1 July.

Click to see the requests and photos of Ziteng at the 1 July rally.

To read my deeper analysis of the issue please contact me at wendykwanwy@gmail.com

References:

1. Crimes Ordinance, Sections 131(1), 147, 137, 139, 134 and 144, http://www.legislation.gov.hk/eng/home.htm

2. Ziteng statement regarding to the Legco Discussion over One-woman brothel law, 23 Jul 2008. http://www.ziteng.org.hk/2008JUL23_e.phphttp://www.ziteng.org.hk/2008JUL23_e.php

3. Kwan, Wendy. Decriminalising Prostitution in Hong Kong: A Discussion, Mar 2009