Issue No.14 (January 2004)
Table of Content
Ziteng Observatory: the Mutual Security ProgrammeSexual Transaction Law
My Story
Discrimination of the Police & Encourage Criminals
Work Report
An overview of Australian sex industry laws
From the Editor :
Ziteng is publishing its newsletter now. In this issue, we have our executive member Mr. Chiu Man Chung, a practice lawyer, introducing the Sexual Transaction Law in HK; real life experiences narrated by different fields of sex workers, an “Observatory”—a communication channel for our sex workers and also an introduction of Australian regulations for sex workers, etc. We hope that the knowledge and connection among members will be enhanced through our future publications.
Ziteng Observatory: the Mutual Security Programme
The “Observatory” was founded in late 2001. At that time the problem of robberies
against one-woman-apartments was so serious that everyday we would hear apartments“visited”
by robbers who were either in one person or in groups of two, treating us
like ATMs. Even I myself have been robbedbefore. Every sister was horrified,
worrying about who would be the next victim.
We held regular meetings in Ziteng, and the problem of robberies were always
in our agenda. Some sisters had videotape the appearance of the suspects on
their closed circuit TVs. Since then CCTVs and tape recording system became
indispensable for sisters. As sisters were vulnerable, we had organized a communication
network. The network is not a large one, but in every district we have some
core members with a network of their own. When cases occur, they will collect
information at once. With similar cases accumulated, they will give the details
of the robbers (characteristics, height, age, style of robbery, etc.) to Ziteng
and other sisters as soon as possible. Therefore we can get other sisters alert
to the suspects.
The Observatory is a marketplace for exchange of information. Sisters do businesses, and also chat on phones to kill time, which is perfect to spread news and information by phone. We will be more alert and work together to fight crime more effectively. The Observatory is doing quite well at present. We have caught some robbers, allowing sisters to work without the threat of robberies.
Sexual Transaction Law 1---By Chiu Man Chung
There are two elements that constitute “Sexual Transaction”: (a) the act of exchanging bodily “Lewd” behaviours (either by male or female [1]) for monetary reward [2]; (b) “Sexual Practitioner” (that is, the subject of sexual transaction) must be willing to conduct sexual behaviour for money. Whether the above behaviours are leading to a sexual intercourse and the frequency of such behaviours are not in consideration. The law is not selectively against anybody and ignores sexual difference.[3]
Hong Kong’s present law comes from Britain. It believes in liberalism, insists on the division between private and public, emphasizes the protection of privacy – unless public order is being disturbed by private activities, the law which holds the principle of “neutral on value” would not interfere any private activities of any individual. According to this principle, sexual transaction, like any other sexual behaviours, belongs to the realm of private and individual preference (都是屬於私人喜好個人態度??). Therefore, providing or subscribing sexual service is not supposed to violate the law. However, this does not mean that sexual profession and sexual transaction are legal; Contrarily, the law absolutely does not support sexual service industry. In fact, the specifics of the law are aimed at discouraging the presence of a healthy atmosphere for the development of sexual industry. There are roughly three kinds of laws that are against sexual profession: (1) law against sexual practitioner – the crime of “Soliciting for an Immoral Purpose”, (2) law against the operation of sexual transaction; and (3) law against the place / establishment of sexual transaction.
Sexual Transaction Law 2
I have pointed out in the last newsletter that there are three kinds of laws against the sexual profession: (1) law against sexual practitioner; (2) law against the operation of sexual transaction; and (3) against the place of sexual transaction. Now I’m going to introduce the first and the second kind to you.
(1) Law against sexual practitioner – the crime of “Soliciting for an Immoral Purpose”
A person who in a public place (a) solicits for any immoral purpose, or (b) loiters for the purpose of soliciting for any immoral purpose, shall be guilty of an offence[4]. What is worth attention is “Crimes Ordinance” number 117 has made clear that “public place” refers to “a) any place to which for the time being the public or a section of the public are entitled or permitted to have access, whether on payment or otherwise; and (b) a common part of any permitted to have access to that common part or those premises”. The term “Immoral” refers to sexual behaviours (such as sexual transaction) [5] regarded as wrong by majority in the society. The purpose of establishing this crime/law is to prevent sexual transaction, which belongs to private realm, from affecting public activities and those who disgust this particular activity.
(2) Law against the operation of sexual transaction
Anybody who:
1. harbours, controls, instructs another as secual practitioner [6]
2. causes to become sexual practitioner [7]
3. brings another in or out of Hong Kong for the purpose of sexual profession
[8]
4. knowingly lives wholly or in part on the earnings of prostitution of another
[9] (e.g. share earnings with a secual practitioner [10]) – attention: a person
who lives with or is habitually in the company of a sexual practitioner, he
or she shall be presumed to be knowingly living on the earnings of a sexual
practitioner [11]
5. advertises the services of sexual practitioner or the organization providing
sexual services commits[12] an offence.
Sexual Transaction Law 3
I am going to go on with the third piece of law against sexual transaction, and briefly discuss the problems involving the setting up of “Red Light District”.
(3) Law against the establishments for sexual transaction
“Establishments for sexual transaction” means a place wholly or mainly (a) used by two people or more for sexual transaction, or (b) used for organizing or arranging sexual profession [13]. Therefore, places utilized by sexual practitioners are not necessarily establishments for sexual transaction [14]. However, if that place is used for sexual transaction several hours a day or several days a month, it will be defined as an establishment for sexual transaction.[15]
According to the present law, to operate, to manage or to assist in managing establishments for sexual transaction are all offences (Keeping a vice establishment) [16]. “To operate” means to maintain/run establishments for sexual transaction [17]; “To manage” means to monitor the operation of establishments of this kind [18]; “To assist in managing” includes assistance in providing sexual services [19]. Therefore, those who work in establishments for sexual transaction are not necessarily accused.[20]
Besides, to knowingly let premises as establishments for sexual transaction
(Letting premises for sue as a vice establishment) [21], to permit the use of
premises or vessels as establishments for sexual transaction (Tenant etc. permitting
presses or vessel to be kept as a vice establishment) [22], or to frequently
allow the practice of sexual transaction to take place in one’s premises or
boats (Tenant etc. permitting premises or vessel to be used for prostitations)
[23], are all against the law.
The above two laws against sexual profession not only deny sexual practitioners
effective legal protection, but also deprave of their rights to work and their
dignity, and leave loop-holes for misbehaved law enforcement officials to harass
sexual practitioners.
Is the setting up of “Red Light District” practicable?
In such unfavourable atmosphere, some people propose that to establish “Red Light District” is the best way to satisfy the interests of every sector. Those who dislike sexual profession will not be affected, and sexual profession is (indirectly) legalized. Sexual practitioners can thus obtain legal protection (such as: she/he can be protected by labour legislation and the police). However, this is not a solution that holds good for all time. If the government set up “Red Light District” in remote areas or restrict number of entry into “Red Light District”, how will these affect the industry of sexual profession? Will the police in turn strengthen “Red Light District”? Will the setting up of “Red Light District” remove the negative label imposed on sexual parishioners? All these are worth thinking topics.
The movie “Golden Chicken” has aroused public interest this year. Some think it gives us a new perception on sex workers, and some think the movie spreads immorality and lustful thinking. Most of the sisters have their own “Golden Chicken”. Their stories are diverse and will surprise us if we listen to them.
We are going to present only the extracts from stories written by a sister. We hope to publish it in our third book of the oral history series in future.
Chapter 1… Fishball-shop
The workplace is very dark and has accompaniment, and there are ushers escorting you to the guests. It is so dark that I can only see their cigarettes. Then they will touch my breasts with their hands. Sometimes they will ask if I have sex before, then they’ll take me out to have sex. Sometimes they’ll kiss my cheek, or say they want to be my boyfriend. Sometimes they’ll put a hand under my skirt and touch here and there to look for my pussy.
Chapter 2… Karaoke in Jordan and Mongkok
Guests going there can enjoy karaoke and games. Sometimes they look for “immaculate virgins”, sometimes they look for “lusty bitches”, I feel like an actress when I am working. Some guests visit us happily; some of them have just broken up with their partners and will sing love songs sadly; some of them have quarrels with their wives, then they visit us and complain about their wives ; some come with a “dark face” and make me feel like I have killed his father.
Karaoke is dark. Some guests bring small torches with them to see my pussy clearly, to see if I have enough excretion there. Once upon a time a guest put an ice cube into my pussy, licked my excretion, served my pussy with ice cube and hot tea rotationally (ice-fire). He seemed to be very happy and gave me $300 extra tips. Ice-fire is usually for penises, this guest is strange, he gave me an ice-fire climax instead.
Chapter 3… XXX nightclub
When I was 26, I worked in XXX nightclub in Tsim Sha Tsui. I would receive
$1,000 to $1,500 each time for a sex intercourse; the guests come from the
upper class. There had been a guest in his 30s, with young chaps around him.
He said he was a leader of a triad society and had spent an hour saying how
moral and heroic he was. He insisted to go home with me and he raped me once
I was at home. Then he comforted me, saying that he will take care of me
and I could continue my work. The next morning, I moved to his home. But
then he pointed at me with a big knife, saying that I must be undressed,
completely undressed, and I shouldn’t leave the house; he forced me to get
married with him. He said he’d kill me if I didn’t obey him and he didn’t
care he would go to jail. I was extremely scared. 4 days later, someone knocked
on the door when he left home to have breakfast. I rushed to open the door
and saw an old woman who looked like a mistress. “Run! Now!” she said, nervously,
and then she left at once. I brought my ID card and passport with me and
followed her advice, then I saw him in the crowded street. Shit! “Let’s kill
and beat me in front of everybody,” I told him, “I am not your wife. If you
beat me, I will shout for help!” I was very brave. I got on a taxi and left.
He didn’t chase after me. Our work is a complicated business, and our world
is full of thorns.
Chapter 4… Famous Club in Asia
I was 27 already and feared that I wouldn’t be hired However, I was OK since “sisters” working there brought me in. I worked in night sessions. It was a different environment. The club had to be luxurious, and the guests were very rich and came from different nations. I told the club I could speak Mandarin and English and a little Japanese, and I was required to wear nice dresses or Chinese dresses at work. Big clubs are more demanding. Actually I had only taken a Japanese course and learned some knitting. I had to pretend to be qualified.
There was a middle-aged guest visiting me many times. Sometimes he’d bring me to the peak to watch the stars, to listen to the waves on the beach, or to have a nice dinner. I liked him, but he was married and had children. I can’t ruin his family life, so I didn’t expect commitment but treasured every moment instead One night he saw me go out with another guest to have sex, he was angry about it, but how could mistresses to be loyal? Loyal mistresses won’t earn any money.
One night he visited another mistress, I was unhappy, and cried in the staff
room. “Shut up, stupid,” Mummy said, “you meet so many guests everyday, how
many of them can you cry for? Don’t get your feelings involved when you are
in this business, otherwise you will be painful with it.”
“People say mistresses don’t have true love.” Mummy said, “Will it make any
difference even we have got it? ” He didn’t consider me as a prostitute even
when he saw me going out to have sex with other guests. “It is reality,” Mummy
said, “you have to be smiling and serve every guest well, no matter they are
young or old, black or white, even they are ugly. This is the right way to
success in this career. All of you should keep this in mind.”
This night, I served a short white man, and my sister served a big white man. Then the Chinese guest said he was a horse owner. Since I didn’t gamble in horseracing, I didn’t know my guest was XX, and my sister’s guest was YY. I asked the horse owner for tips, but they didn’t reply me. They really followed their rules. Then we 3 pairs went to a high-class hotel. The room was so big and luxurious. We exchanged partners that night. Making love with Frenchman is really romantic.
This night Mummy asked who was going to serve a “Charcoal”, an African. I won’t discriminate any race, and I always serve a guest no matter he is white, yellow, black, or of other colours. So I volunteered. Other mistresses didn’t like Africans, they thought they had long penises, and would hurt their pussies. He wore a white sleeping gown in the hotel room, but when he took it off and the light was turned off, I saw nothing. It is funny. I used a fluorescent condom; it will be easier to look for his little brother. I only saw his white eye and his teeth when he was smiling. His penis was very big and long. He was a gentleman.
This night was a Taiwanese, wearing a lot of golden accessories, and the diamond on his ring was very big. He was about 40. After he had sex, I asked him to pay $2,000, the price. He lied to me, saying he had much money and hired many people in Taiwan, and I will have everything if I followed him. Actually he wanted a free lunch. I said, “I am not greedy, I want nothing but the two thousand dollars.” Then he tore the cash angrily and threw them on the floor. What a rich people. They grow more miserly when they become richer. This night I served a guest who was drunk. But after sex he said he didn’t have cash. I wouldn’t give up, and asked him to withdraw money in the closest ATM. This man ran away once we were at the hotel entrance. It was urgent and my mind suddenly grew smarter. So I cried “Help and get the thief!” I chased after him to the car park entrance; outside a bar there were three young men who were twenty something and they caught him. I was lucky, but I felt ashamed to say I was a mistress, to say he didn’t pay me after we had sex. I had few choices so I said he robbed me. Sometimes we heard mistresses being robbed, or even killed. A good sprinter makes a good mistress. This night I was happy so I had a little wine though I couldn’t drink. The guest brought his friends to have sex with me. Five guys in total. So I did hand job with both hands, blowing one with my mouth, and one in my vagina. Finally I had them all ejected, and I became a porn star. It is exciting. They all paid me. It is not raping. Sometimes we have crazy guests. There is one of them in his 50s, who owns a furniture shop. He asked not to have sex but to see me piss, and he drank it. I wanted to leave after that, but he said he want to taste my feces. He brought himself some bread to serve my feces with. Shit-on-demamd? Nonsense. He is insane. This night we were all gossiping because XXX, son of someone famous in the city, and YYY, another very rich man, have come. We were curious and peeped them. Women are curious; though we can’t serve them, it is good to meet them. This night most of the guests in the private room were Englishmen. We had the chance to taste English sausages. I felt strange because mummies and sisters asked the guests to take photos with them. Then I found they were XXX and YYY, world famous sportsman. They had gwai-lo bodyguards with black sunglasses, cool. Then we went to the hotel to have a mixed battle. All the gwai-los exchanged partners, and the bodyguards came to the beds and joined us.
It was 1996 and it was close to the handover. In the last 2-3 years many heads of Mainland prefectures and provinces, and sons of high officials visited our club, since we were famous in the Mainland. Most of them determined to visit us. They were in their moral dilemma. Cowards! This time all six of them wore black sunglasses. Wow, the glasses were so dark. They were all the same; they just didn’t want to take them off. When I held on his waist, he avoided it. I wanted to trick him, so I repeated. Since the room was dark, and he didn’t want to remove the glasses, so he missed his seat and sat on the floor. I couldn’t tease him since he was my guest. Then he would like to go to the washroom, so I suggested him again taking them off. How stubborn he was. When he opened the door he saw nothing, and fell again, this time all of us laughed.
Chapter 5 … Back to Mongkok
The handover came. The rich migrated and so did the companies. Hong Kong’s economy was bad. Our club had to fire more than 100 mistresses. Older or less popular mistresses had to go. This time I was the one to go. I moved to the Mongkok Karaoke again. There were so few guests and most of them were poorer people than before. Even the sex trade suffered after the handover. We could only accept it.
Chapter6 … Self-Employed
I rented an apartment and worked from 2pm to 2am everyday. But the price is so low, about 200-300 dollars. XX District is dangerous. Many “sisters” here have been robbed, since the laws only allow us to work in singles. Sometimes we will be robbed or even killed, how miserable we are! In this district, most guests are working in factories, transportation, or Chinese restaurants. One guest removed his plastic leg at once. He only had one leg. Generally, I give a 50% off to guests who are old, very young, or disabled, and I will serve them as if they are my lovers. Men are lonely in their 60s and 70s, because many of them have lost their wives, and they need care. Disabled people are difficult to have a mate or a sex partner. I am a Buddhist, and this may have shaped my thinking. Buddhist masters teach me to love people as much as I love myself. They also teach me to be kind to every single life in this world. I am willing to do it though I am a prostitute. Money doesn’t mean everything. There are many things that can’t be priced.
I have worked as a prostitute for about 20 years, and I have served policemen, soldiers and firemen. I respect them, because they serve our country and our people. I always give them 50% off, and offer them extra services. A prostitute can’t sacrifice herself for the country or the society, but I can sacrifice for them.
Time pasts and I am 43 already. It is the time to leave this trade. I hope my fellow sisters will live toughly. We will have a bright future.
Discrimination of the Police & Encourage Criminals
In Hong Kong, being a sex worker is not illegal. However, the police continuously harass and oppress the sex workers. The policemen ignore the sex workers even they are under the threat of violence and crimes.
•Sex worker met suspect and reported to the police
In March this year, a sex worker called Fong Fong was doing her job duty in
a flat, a customer came in and looked around. She kept an eye on his action.
Then she found out that he had got a cutter and suspected that he was a robber.
Therefore, she pushed him out of her flat, and reported to the police. After
the police arrived, the man was arrested and a cutter was found.
•Accused instead of accusing somebody
Next, Fong Fong went to the police station and an affidavit was taken. She
told what had happened to the police. However, the police arrested her two
hours later and accused her “wasting the police resources”. Fong Fong never
thought that she would be arrested. She was angry and frustrated as she wrongly
accused. She cried that she had not reported that she was robbed and lost
her valuables but only suspecting this guy, having a cutter, would rob her
and therefore she called the police for help. Nevertheless, the policemen
kept her in detention house for seven hours and let her go by paying $1000.
The police requested her to report at the police station one week later.
And one week after, the police requested her to report again four days later.
As the sex worker was treated unreasonably, Ziteng contacted the Legco member Mr. Leung Yiu Chung and asked him to follow up the case with the police. Finally, the police confirmed that Fong Fong had not filed a false case and would not charge her. The police insisted that they had not erred but that a miscommunication had caused the event.
•Sex worker pulled together to settle a criminal case
Sex workers run their business by on their own. Therefore, they become the
targets of robbers. Last Year, Ziteng received more than 150 cases bf sex
workers being raped and robbed. Also, most of the cases were not reported
because the sex workers were harassed by the police or afraid of the exposure
of their identities. Therefore, some sex workers set up an “observatory”
to promote their safety. They do not only send news among themselves and
devise ways to avoid robberies but also organize meetings with the police
for improving and cooperating to fight against crimes. Last year, we cooperated
with the police and arrested more than 10 robbers. Ziteng had called 30 sex
workers to recognize the faces of the robbers, and most of them could do
it successfully.
•Despising the safety of sex workers, refusing to handle their cases
The police cooperate only when the cases can be settled for sure. Once the
cases are settled or other cases are in hand, they would disregard the cases
of sex workers. Worse still, they try to make an excuse to force them to
move out. For example, the police would stand outside their flats claiming
that they are protecting the sex workers but in fact they are stopping customers
to go inside and thus forcing the sex workers out of their business. To protect
their safety, the sex workers would increase their awareness and mutual care
among them. They would also pay special attention to the information and
photos of the robbers sent by Ziteng.
The police always urge the citizens to report any suspect or crimes committed. However, they did not help but also insult the sex workers when they reported crimes. Some sex workers tried to hold the robbers while they are working and called the police. However, the police blamed the sex workers that “You should not call the report office but dial 999.” or “The man was staying outside the flat, and he did not rob you and hurt you, so we can not help you”, “ We are busy. You should put up with this if you are in this kind of business. Don’t be so troublesome, or we would stop your business.” Not only cases of robbery but also those of violence reported by sex workers were not handled by the police. For example, cases like they were raped, beaten by customers, did not receive money after giving sex services were not handled.
•Deem the case of sex workers as “Unnecessary” and thus encourage more
crimes
In order to reduce the difficulties of reporting crimes by sex workers, we
request to have meetings with the police for discussing the issue. However,
the police refused and claimed that it was “unnecessary” to do so. Do the
police think that it is not necessary for them to handle the cases of violence
faced by sex workers or not necessary for them to stop crimes of robbery?
Neglecting and discrimination of the police would not only reduce the willingness
to report crimes by sex workers, but also encourage the robbers to take advantage
of this subordinated group which are not protected by the police.
•Ziteng Retraining Centre:
established in Nov 02, providing beauty
and massage service for female clients. From Nov 02 to Aug 03, there were 47
customers
receiving massage and 9 beauty service. Moreover, from Dec 02 to Aug 03,
there were 4 massage classes organized with 22 attendants; 1 class in skin
care with
9 attendants. There are 5 ex-sex-workers remaining to serve.
• Volunteer Class:
there were 2 volunteer training classes organized with
42 participants. Recently, we have a class of 24 joined by sex workers and
other female workers together.
• Sex Worker Photo Exhibition:
was hosted in June with 36 sex workers joining.
In Oct, we even have a workshop inviting Andrew Hunter from Australia to instruct
our sex workers on the production of sex worker photos. The outputs will be
exhibited in Yan Oi Tong, Tuen Mun in Dec 03, Yau Ma Tei Art Space and HK Cultural
Centre in Jan and Feb 04, and Art Centre in Mar 04. You are welcome to visit
and support this event. We also invite the sex workers from Thailand Empower
to have an exchange with our sec workers in HK.
• Street Drama:
we had a street drama in Temple St on 17 Oct 03. The purpose
of the drama was to encourage customers to use of condoms. There were over
10 participants and the feedback of participants was good.
• Seminar and Meeting:
Sex workers made presentations for 10 times at the
talks organized by HK Polytechnic University, HK City University, Chinese University,
HK University, Lingnan University, and Yan Oi Tong.
• Oversea visitors:
Professor Ai Zhao Ming from Chung Shan University, Ms.
Bern Jagunos from UCC, 2 members of British ISUW and Author of Casting Stones
Rita Nakashima Brock
An overview of Australian sex industry laws
–
from illegal to legal: benefits and disadvantages
Linda Banach, Policy Analyst Australian Federation of AIDS Organisations
(AFAO)
Polly Purser, Migrant Outreach worker. Sex Workers Outreach Project (SWOP)
Legal/legalized
Some or all ways in which sex workers can work is legal. This can range from heavy regulation to minimal controls e.g.: town planning, health, registration etc.
Decriminalised
All laws criminalizing the sex industry are removed and there are no penalties for working in the sex industry.
Pros:
• Access to health services, welfare and justice system;
• Occupational health and safety standards can be implemented;
• Reduced violence and intimidation;
• Industrial rights can be implemented;
• Change in social status;
• Minimize police corruption and organized crime.
Cons:
• Over-regulation such as registration of sex workers, difficult, complicated
and expensive council regulations;
• Lack of anonymity.
Illegal/criminalized
Sex Industry laws attempt to prevent sex workers from working by policing their activities.
In Practice: Usually a combination of approaches are used and police practices differ from what the law is e.g.: sex work may be tolerated, payments may be made to police etc.
• The Federal Government has no power to make uniform sex industry laws;
• There is a considerable difference between the States and Territories with
respect to laws regulating the sex industry;
• Some jurisdictions have mostly removed criminal law sanctions and replaced
them with other forms of regulation, whilst others have strengthened criminal
sanctions;
• In common, are provisions within legislation preventing coercion and employment
of minors;
• Legalization/decriminalization has generally benefited sex workers in Australia.
AUSTRALIAN CAPITAL TERRITORY
Framework: Legalised brothels and private workers with minimal controls; criminalized
street work
• The Australian Capital Territory has a minimal regulatory framework;
• Owners and managers of escort agencies and brothels are required to register
business operations;
• Prescribed industrial areas have been designated for operations and it is
illegal to locate outside zoned areas;
• Single workers may operate from their own premises but are required to register
with the Registrar;
• Street soliciting is an offence.
Benefits: Industrial conditions for sex workers, no illegal brothels,
no complicated system of compliance, no police control or corruption.
• Sex workers employed by escort agencies and brothels are entitled to industrial
benefits such as sick and holiday leave, superannuation etc. However, in practice
sex workers are often not classified as employees but independent contractors;
• Anyone can run a brothel so no illegal system;
• No complicated planning approvals required.
• Privacy concerns amongst private sex workers is believed to have hindered
their registration;
• The only illegal operations in the ACT appear to be limited incidence of
small two-person operations in residential areas.
NEW SOUTH WALES
Framework: Legalised / decriminalized model
• Legalised brothels subject to local council approval;
• Private workers are required to seek approval depending on the local council;
• Street work was decriminalised in 1979 although amendments in 1988 restricted
solicitation near or within view of a dwelling, school, church or hospital.
• 'Living off the earnings of prostitution' offences apply to street workers.
Benefits: Choice for sex workers, minimal police harassment, no registration
of individual workers
• Provides options/choice of location for sex workers;
• Minimal police harassment;
• Greater occupational health and safety in brothels.
Disadvantages: Privacy concerns for private workers, difficulty in obtaining
approval for brothel location, illegal brothels
• Significant problems have occurred in brothels obtaining development approvals
where specific councils have banned the location of brothels and applications
are rejected on moral or minor planning grounds - costs and delays;
• This experience has dissuaded other brothel owners who operate illegally
from drawing attention .to their location and operation by applying for legal
status;
• Street workers are experiencing difficulty in operating in designated areas
due to 'gangs' demanding protection money to allow operation in specific areas;
• Private workers are being forced to advertise their workplace to obtain council
consent as they are being treated similarly to brothels.
WESTERN AUSTRALIA
Framework: Sale of sex is not illegal but everything else is, tolerated designated
brothels - referred to as 'containment policy '
• It is legal to work privately from your own premises as long as you work
from the same premises and do not employ any support staff or share premises
with another sex worker;
• Since 1975 Police have enforced a 'containment policy' which operates in
Perth and Kalgoorlie. The policy is not set out in writing and its interpretation
depends upon Police Officers employed in the Vice Section of the Western Australian
Police Force. Generally, the 'containment policy' allows or tolerates brothels
in designated areas(Perth and Kalgoorlie);
• Street workers face the most oppressive laws anywhere in Australia - arrested
and sent to drug rehabilitation course, after three arrests can be jailed.
Names of the clients of street workers are published in the paper and fines
applied.
Benefits: None - most oppressive system in Australia
• Majority of sex industry is unregulated as only small proportions of sex
workers are registered;
• Private workers are left alone.
• Potential for police corruption;
• Control system means sex workers are unlikely to report crimes of violence;
• Must work for brothels;
• Potential for violence against sex workers operating outside the containment
policy is huge.
Migrant sex workers in Australia
The term 'sex slavery' (a term often used interchanged with 'trafficking in women') has globally become synonymous with images of generally young women from non-English speaking backgrounds who are kidnapped and trapped into working in the sex industry in developed countries. Unfortunately in Australia the term is increasingly being used to refer to all foreign sex workers who come to Australia to work (whether through force or not). Australian legislation introduced into the Federal Parliament in 1999 enshrines the notion that 'sex slavery' is purely a problem connected to the sex industry. For example, in 1998, 400 foreigners were found to be working illegally in Australia, of these only 14 were found to be working in brothels.
Anecdotal evidence from sex worker organizations indicates that most overseas sex workers who come to work in the Australian sex industry are sex workers in their country of origin and know that this is the type of work they will do. There are cases of trickery, deceit and force but they are minimal and both situations require different approaches.
Outreach projects at the Sex Workers Outreach Project in New South Wales and Self-health for Queensland Workers in the Sex Industry have identified that illegal foreign sex workers are difficult to access for a range of reasons. The specific barriers are:
- Fear of deportation due to the worker's status under Australian migration law;
- Migrant sex workers often support family members in their home country and can experience severe financial difficulties if prevented from working;
- Limited language, both oral and written, may hinder effective use of services in Australia;
- Discrimination and stigmatization of Asian sex workers in Australia, and within their communities, affect access to health services;
- There is an unwillingness to utilizes agencies, both community and government, for assistance due to distrust and fear;
- Migrant sex workers may be 'protected' by management of sex industry businesses who may not want them to acquire information about their legal rights (SQWISL 1994).
The solution:
• Allowing foreign sex workers to work in the Australian sex industry under
an employer sponsored scheme would allow health and other service providers
to make contact with migrant sex workers and inform them of health services
and their legal rights.
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Decriminalize the Sex Industry
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- All criminal laws relating to the sex industry specifically must be repealed;
- A decriminalized industry is more open to scrutiny as it is more easily accessible;
- Specific sex industry regulations may be considered under certain circumstances where the benefits are the support of occupational health and safety and rights for sex workers;
- Existing business, industrial, planning, health and criminal laws are sufficient to regulate the sex industry; and
- Decriminalization facilitates the breakdown of stereotypes and myths about sex work and sex workers.
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Sex Workers are not Criminals
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- Sex work must be decriminalized to ensure that workers in the industry are not classified as criminals;
- Labelling sex workers as criminals restricts their life choices and is a basic denial of human rights;
- Treating sex workers as potential criminals rather than workers denies sex workers access to workplace benefits such as sick leave, holiday pay, workers compensation and superannuation entitlements;
- Sex workers who are labelled as criminals are unlikely to access judicial remedies for crimes of violence; and
- Classifying sex workers as criminals promotes false stereotypes about them as unhealthy, immoral, unskilled victims.
- In an environment where sex work is decriminalised, sex workers take more pride in the work they do and are more likely to challenge unfair and discriminatory practices in the sex industry.
1 “Crimes Ordinance” number 117 (1)
2 De Munck [1918] KB 635; R v. Li Kin Wai Cr App 102 of 1995.
3 R v. Li Kin Wai Cr App 102 of 1995.
4 “Crimes Ordinance” number 147
5 Crook v. Edmondson (1966) 2 QB 81
6 “Crimes Ordinance” number 130 (1) (a) and (b)
7 “Crimes Ordinance” number 131
8 “Crimes Ordinance” number 129
9 “Crimes Ordinance” number 137 (1)
10 R v. Lee Leung Wai [1988] HKC 658.
11 “Crimes Ordinance” number 137 (2)
12 “Crimes Ordinance” number 147A
13 “Crimes Ordinance” number 117 (3). Rv. Cheung Sung Hin「1985」HKC 331
14 Rv. Ho Chi Fai Mag App 825 of 1984.
15 Attorney-General v. Tang Ping-wing [1982] HKLR 1; R v. Lee Kok Ming Mag App 1492 of 1989; R v. Li Kin Cheong [1996] 3 HKC 422; R v. Lam So Chun [1996] 4 HKC 31..
16 “Crimes Ordinance” number 139
17 R v. Tam Kim Leung Cr App 1081 of 1981; R v. Wong Chi Hung [1982] HKLR 361;
R v. Tam Wing Kin Cr App 329 of 1983.
18 R v. Tam Kim Leung Cr App 1081 of 1981
19 R v. Tam Kim Leung Cr App 1081 of 1981
20 R v. Chang Mu Hua & Others [1988]
HKC 555
21 “Crimes Ordinance” number 143
22 “Crimes Ordinance” number 144.
23 “Crimes Ordinance” number 145.
