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害 善 良 风 俗 fanghai shanliang fengsu) or “deleterious to moral decency” ( 妨 害 风 化 fanghai
fenghua) and order that citizens in a “diseased” ( 病 态 bingtai) or “abnormal state” ( 变 态 biantai)
be detained (Sanders 2006). Another example is the Criminal Law 301 for “Crowd
Licentiousness,” under which homosexuals are often prosecuted, which can result in a five-year
prison term (Godwin 2010).
In general, however, the preferred government tactic is to act as though homosexuality
does not exist, an approached expressed as “Not Encouraging, Not Discouraging, Not
Promoting” ( 不 支 持 , 不 反 对 , 不 提 倡 buzhichi, bufandui, butichang) (Tan 1998). However, this
cautious policy is not neutral, and the combination of official policy and official silence creates
a homophobic environment where homosexuals are deprived of legal protection (Cao 2000;
Gong 2009). Consequently, Chinese homosexuals face discrimination where it is near
impossible for individuals to be publicly gay and retain respectable employment (Berry 1996, 40;
Chen 2002). As Li Yinhe (2006), Chinese sociologist and pro-gay activist, states:
[T]he most serious threat to homosexual conduct between consenting male adults
comes … from social prejudice, which has resulted in the arbitrary imposition of
administrative penalties, police arrest, and Party disciplinary legal sanctions (82).
When asked to comment on the above statement, interviewees in Beijing concurred that social
prejudices present a greater concern to the tongzhi community than actual physical harassment or
police arrest.
24-year-old Christopher Wong, 9 who works as a consultant, stated that more Chinese
people need to be informed about homosexuality before collective action tackling discrimination
can be successful. In his own words:
I am tongzhi… I don’t believe that my sexual preferences are in any way improper or
unnatural. Same-sex love does not cause any social harm… But social prejudice harms us
9 Names of all tongzhi interviewees have been changed to preserve anonymity.
Introduction | 10