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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:

SoylentGreen · Jul 18, 2007, 05:46 am

So is Hong Kong still using british law or is it chinese law now

tinybear · Jul 18, 2007, 05:55 am

Neither. Hong Kong is developing its own law. But it's still using the old British system of common law to do so.

Isn't it absurd though? The ruling means that anyone can engage in buggery in a public place now. Sheesh.

SoylentGreen · Jul 18, 2007, 06:26 am

Yea but on the bright side hetro's can f *ck themselves silly in public places to

ladyphoenix · Jul 18, 2007, 08:38 am

Not necessarily, Tinybear. If there are laws about public indecency, like, gee, I don't know, nudity for example, they're not allowed to do things like that in public. Just because they were charged with this SPECIFIC crime doesn't mean there aren't other laws such behavior would violate.

Do you know if they have any decency laws?

tinybear · Jul 18, 2007, 09:53 am

Quote:

Quote by: ladyphoenix

Not necessarily, Tinybear. If there are laws about public indecency, like, gee, I don't know, nudity for example, they're not allowed to do things like that in public. Just because they were charged with this SPECIFIC crime doesn't mean there aren't other laws such behavior would violate.

Do you know if they have any decency laws?

I don't know, but if there were such laws then these guys should have been charged under those laws as an alternative. I seems that they weren't.

SoylentGreen · Jul 18, 2007, 06:44 pm

They were in a car probably parked in a quiet place. not out in the open for all to see.
I would think if it was a hetro couple nothing would of been done but because it was two men they were arrested.
The back seats of cars have been used for sex since cars were invented.
As long as it is discreet and not in the publics face then its not indecent or in the public.

tinybear · Jul 18, 2007, 10:42 pm

Just because the car was parked in a quiet place doesn't mean that it wasn't in a public place.

SoylentGreen · Jul 19, 2007, 02:01 am

TB you are such a conservative. First you don't want people watching you in toilets and now they can't f * ck in cars.
I can;t wait to here what you have to say about what goes on in the back rows of a movie theatre :)

tinybear · Jul 19, 2007, 03:14 am

What goes on in the back rows of movie theatres?:eek:

(Besides people watching the movie, I mean)

SoylentGreen · Jul 19, 2007, 03:23 am

You really don't want to know, but next time your at the theatre and hear a squishy sound and some heavy breathing, DON'T TURN AROUND.

tinybear · Jul 19, 2007, 03:31 am

OK, I'll just call the cops.

SoylentGreen · Jul 19, 2007, 04:01 am

I knew you would, what a kill joy you are.
So tell me is it your opinion that sex should only be preformed in the bedroom between an adult male and female and only in the missionary position. Absolutely no rubber chickens involved.

tinybear · Jul 19, 2007, 08:10 am

Rubber chickens?

Praxius · Jul 19, 2007, 09:21 am

Ok, so I understand..... it was previously against the law for homosexuals to have anal sex in public?

So I understand..... it was legal for straight people to have anal sex in public?

Public sex is legal there?

What a strange world, lol..... I guess that'll be the next thing Canadians fight for here, once we win this current battle with the government.

Praxius · Jul 19, 2007, 09:22 am

Quote:

Quote by: tinybear

Rubber chickens?

Oh yeah man.... lots of lube and a rubber chicken..... think about it :eek:

Jul 18, 2007, 04:44 am	#1 (permalink) (top)
tinybear Volcanic Erupter Location: Hong Kong (for now) Posts: 7,009	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:

Jul 18, 2007, 08:38 am	#5 (permalink) (top)
ladyphoenix Risen From The Ashes Location: Rural Southern Indiana Posts: 263	Not necessarily, Tinybear. If there are laws about public indecency, like, gee, I don't know, nudity for example, they're not allowed to do things like that in public. Just because they were charged with this SPECIFIC crime doesn't mean there aren't other laws such behavior would violate. Do you know if they have any decency laws? The right of the people to alter or abolish it...

Jul 18, 2007, 05:46 am	#2 (permalink) (top)
SoylentGreen Hot Lava Posts: 2,299	So is Hong Kong still using british law or is it chinese law now

Jul 18, 2007, 05:55 am	#3 (permalink) (top)
tinybear Volcanic Erupter Location: Hong Kong (for now) Posts: 7,009	Neither. Hong Kong is developing its own law. But it's still using the old British system of common law to do so. Isn't it absurd though? The ruling means that anyone can engage in buggery in a public place now. Sheesh.

Jul 18, 2007, 06:26 am	#4 (permalink) (top)
SoylentGreen Hot Lava Posts: 2,299	Yea but on the bright side hetro's can f *ck themselves silly in public places to

Jul 18, 2007, 06:44 pm	#7 (permalink) (top)
SoylentGreen Hot Lava Posts: 2,299	They were in a car probably parked in a quiet place. not out in the open for all to see. I would think if it was a hetro couple nothing would of been done but because it was two men they were arrested. The back seats of cars have been used for sex since cars were invented. As long as it is discreet and not in the publics face then its not indecent or in the public.

Jul 18, 2007, 10:42 pm	#8 (permalink) (top)
tinybear Volcanic Erupter Location: Hong Kong (for now) Posts: 7,009	Just because the car was parked in a quiet place doesn't mean that it wasn't in a public place.

Jul 19, 2007, 02:01 am	#9 (permalink) (top)
SoylentGreen Hot Lava Posts: 2,299	TB you are such a conservative. First you don't want people watching you in toilets and now they can't f * ck in cars. I can;t wait to here what you have to say about what goes on in the back rows of a movie theatre :)

Jul 19, 2007, 03:14 am	#10 (permalink) (top)
tinybear Volcanic Erupter Location: Hong Kong (for now) Posts: 7,009	What goes on in the back rows of movie theatres?:eek: (Besides people watching the movie, I mean)

Jul 19, 2007, 03:23 am	#11 (permalink) (top)
SoylentGreen Hot Lava Posts: 2,299	You really don't want to know, but next time your at the theatre and hear a squishy sound and some heavy breathing, DON'T TURN AROUND.

Jul 19, 2007, 03:31 am	#12 (permalink) (top)
tinybear Volcanic Erupter Location: Hong Kong (for now) Posts: 7,009	OK, I'll just call the cops.

Jul 19, 2007, 04:01 am	#13 (permalink) (top)
SoylentGreen Hot Lava Posts: 2,299	I knew you would, what a kill joy you are. So tell me is it your opinion that sex should only be preformed in the bedroom between an adult male and female and only in the missionary position. Absolutely no rubber chickens involved.

Jul 19, 2007, 08:10 am	#14 (permalink) (top)
tinybear Volcanic Erupter Location: Hong Kong (for now) Posts: 7,009	Rubber chickens?

Jul 19, 2007, 09:21 am	#15 (permalink) (top)
Praxius Mass'Debator Posts: 4,724	Ok, so I understand..... it was previously against the law for homosexuals to have anal sex in public? So I understand..... it was legal for straight people to have anal sex in public? Public sex is legal there? What a strange world, lol..... I guess that'll be the next thing Canadians fight for here, once we win this current battle with the government.