For Immediate Release

Unjust law for gay men repealed

This is a historical moment for the Hong Kong gay community. An apartheid based on sexual orientation that has existed for 14 years since the decriminalization of male homosexual conduct in 1991 is eliminated today by the High Court. In a judicial review application filed by a 20-year-old gay man, the High Court ruled that 4 sections of the Crimes Ordinance (namely, sections 118C, F, H and J), relating to intimate conduct between men, are unconstitutional by having different treatment for gay men as opposed to heterosexuals.

The Court ruled that the unequal age of consent for male homosexuals at 21 as opposed to that of 16 for heterosexuals contravenes the equal protection provisions in the Bill of Rights as well as the Basic Law. The law was discriminatory on the ground of sex as well as sexual orientation. The Court further ruled the offence of gross decency which lacks a solid definition outlawing intimate behaviour between men to be unconstitutional as well.

The unjust law will have to be struck down from statute books by a legislative reform. Before that happens, the High Court judgment renders it unenforceable, taking Hong Kong down from the list of places having the highest age of consent for homosexuals in the world. However, 63 men were arrested, some prosecuted and convicted under that law between 1998 and 2003. These men are barred from working as teachers, social workers, in health care and other caring professions. As the law is unjust and repealed, the criminal records of these men should be eliminated.

Civil Rights for Sexual Diversities and Sections 118 Concern Group welcome the ruling and is pleased to see a precedent being set in court the first time in Hong Kong upholding ‘sexual orientation’ as one of the protected grounds against discrimination, provided in Hong Kong’s Bill of Rights and the Basic Law. Other discriminatory public policies and practices will be challenged on the same basis. We urge the HKSAR government to review all discriminatory policies against lesbian and gay individuals as well as couples to comply with human right guarantees in domestic and international law.

Civil Rights for Sexual Diversities
Sections 118 Concern Group
Please contact Roddy Shaw at 90944426 or Timothy Lee at 93835679.