Volconvo Debate Forums - View Single Post - Top court strikes down law against homosexuals

tinybear · Jul 18, 2007, 04:44 am

Wednesday, July 18, 2007

Calling the law against homosexual anal sex in a public place "unconstitutional," Hong Kong's top court has unanimously rejected an appeal by the secretary of justice in a case in which two men were charged but acquitted.

Delivering his judgment in the Court of Final Appeal yesterday, Chief Justice Andrew Li Kwok-nang described the law under which the two men were charged as "discriminatory" as it targets only homosexuals and does not censure heterosexuals for the same conduct.

In common law, buggery is not an offense, but under Section 118F (1) of the Crimes Ordinance, homosexual buggery is considered a criminal act if it takes place in public.

"Homosexuality constitutes a minority in the community. The provision has the effect of targeting them and is constitutionally invalid," Li ruled. "Section 118F [1] is discriminatory and infringes upon the right to equality."

Zigo Yau Yuk-lung, 19, and Lee Kam-chuen, 30, were charged with engaging in sodomy in a car parked in Ting Kau in April 2004.

Last year, a magistrate dismissed the case on the grounds that the law under which they were charged was discriminatory as it did not equally apply to heterosexuals. The Court of Appeal upheld the decision, prompting the government to appeal the case further to the highest court.

The Standard - China's Business Newspaper

Boy, talking about the law being as an ass. :rolleyes:

Jul 18, 2007, 04:44 am	#1 (permalink) (top)
tinybear Volcanic Erupter Location: Hong Kong (for now) Posts: 7,111	Top court strikes down law against homosexuals Wednesday, July 18, 2007 Calling the law against homosexual anal sex in a public place "unconstitutional," Hong Kong's top court has unanimously rejected an appeal by the secretary of justice in a case in which two men were charged but acquitted. Delivering his judgment in the Court of Final Appeal yesterday, Chief Justice Andrew Li Kwok-nang described the law under which the two men were charged as "discriminatory" as it targets only homosexuals and does not censure heterosexuals for the same conduct. In common law, buggery is not an offense, but under Section 118F (1) of the Crimes Ordinance, homosexual buggery is considered a criminal act if it takes place in public. "Homosexuality constitutes a minority in the community. The provision has the effect of targeting them and is constitutionally invalid," Li ruled. "Section 118F [1] is discriminatory and infringes upon the right to equality." Zigo Yau Yuk-lung, 19, and Lee Kam-chuen, 30, were charged with engaging in sodomy in a car parked in Ting Kau in April 2004. Last year, a magistrate dismissed the case on the grounds that the law under which they were charged was discriminatory as it did not equally apply to heterosexuals. The Court of Appeal upheld the decision, prompting the government to appeal the case further to the highest court. The Standard - China's Business Newspaper Boy, talking about the law being as an ass. :rolleyes: