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2005
Hong Kong anti-gay laws overturned - media reports source: Associated Press, New York Times, San Francisco Chronicle, The Age, BBC Online, The Guardian, 'Today', Straits Times, 24 - 25 August 2005
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24 August 2005The Associated Press Court in Hong Kong Invalidates Anti-Sodomy Law HONG KONG, Aug. 24 (AP) - A judge struck down Hong Kong's anti-sodomy laws on Wednesday, siding with a 20-year-old homosexual man who challenged the measures, including one that demanded a life sentence for gay sex when one or both men are younger than 21. As he left the High Court, the gay man, William Roy Leung, said his legal victory meant "I can finally have a loving relationship without being scared of jail for life imprisonment." The judge ruled the laws "discriminate on the basis of sexual orientation" and "are demeaning of gay men who are, through the legislation, stereotyped as deviant." In the ruling the judge, Michael Hartmann, also said the laws were a "grave and arbitrary interference with the right of gay men to self-autonomy in the most intimate aspects of their private lives." The laws prohibited "gross indecency" or sexual intimacy between men if one or both are under 21. But heterosexual and lesbian couples who are 16 or older can legally have such relations. Under the laws, gay men who engage in consensual sodomy when either is under 21 faced life imprisonment. "It is a landmark case and a long overdue judgment," said Roddy Shaw, a gay activist. "It's the first time that sexual orientation has been upheld as a protected ground against discrimination in a Hong Kong court." Mr. Shaw said that the police had arrested 65 men for breaking the anti-sodomy laws in the past five years, and that 26 had been convicted. The laws have been on the books for 14 years, well before the former British colony returned to Chinese rule in 1997. Some Christian groups condemned Wednesday's decision, saying it would encourage more young people to try sodomy. Homosexuals are treated differently throughout Asia. The Philippines and Thailand tend to be more tolerant, while ethnic Chinese cultures like Hong Kong are less open. The European Union charter of rights, adopted in 2000, protects against discrimination, including on the basis of sexual orientation, in the 25 members. Spain, the Netherlands and Belgium also legally recognize same-sex marriage. In June 2003, the United States Supreme Court ruled that anti-sodomy laws were unconstitutional, striking down a Texas law that made homosexual sex a crime. The ruling invalidated sodomy laws in 13 states. Hong Kong's government, which said Wednesday that it was reviewing the decision, can appeal Wednesday's ruling. But Law Yuk-kai of the Hong Kong Human Rights Monitor said the decision meant the government no longer had a legal basis for enforcing the law. "Once a judge strikes down a law as unconstitutional, the government has lost its legal authority to enforce the law, even though the law is still on the books," he said. Hong Kong is debating whether a law prohibiting discrimination against homosexuals is needed. There have been heated arguments on call-in radio shows, and religious groups have been taking out newspaper advertisements urging the public not to support such legislation. The government has so far provided few details about what an antidiscrimination bill would say, but Mr. Shaw said Wednesday's ruling would help advance the bill. * * * * * 24 Aug 2005 Hong Kong's Gay Sex Laws Are Ruled Illegal HONG KONG (AP) -- A Hong Kong judge ruled Wednesday that laws against gay sex -- including one that demands a life sentence for men under 21 who engage in sodomy -- are unconstitutional and discriminatory. High Court Judge Michael Hartmann made the judgment after William Roy Leung, a 20-year-old homosexual, launched a legal challenge against what he considered discriminatory anti-gay laws. Hartmann said the laws "discriminate on the basis of sexual orientation. (They) are demeaning of gay men who are, through the legislation, stereotyped as deviant." Existing laws prohibit "gross indecency," or sexual intimacy, between men if one or both are aged under 21, while heterosexual and lesbian couples who are 16 or older may do so lawfully. Men who engage in consensual sodomy with another when either is under 21 face life imprisonment. Although a similar law also applies to heterosexual sodomy, Hartmann said the law is discriminatory toward gay men. He said in the case of homosexual sodomy, both men are criminally liable, but in the case of heterosexual sodomy only the man, not the woman, is liable. The judge ruled the laws are inconsistent with Hong Kong's mini-constitution, the Basic Law, and the Bill of Rights, which provide that all Hong Kong residents are equally protected by the law. He determined the laws are a "grave and arbitrary interference with the right of gay men to self-autonomy in the most intimate aspects of their private lives." Leung told reporters after the ruling: "The difference is I can finally have a loving relationship without being scared of (being) thrown into jail for life imprisonment. That would be what we've been asking for." Gay activist Roddy Shaw also welcomed the ruling. He said police have arrested 65 men under gay sex laws in the past five years and 26 were convicted. "It is a landmark case and a long overdue judgment. It's the first time that sexual orientation has been upheld as a protected ground against discrimination in a Hong Kong court," he said. The ruling comes as debate over a proposed law prohibiting discrimination toward homosexuals rages between gay and religious groups in the former British colony. * * * * * 24 Aug 2004 Judge: Gay Sex Laws in Hong Kong Illegal A Hong Kong judge ruled Wednesday that laws against gay sex — including one that demands a life sentence for men under 21 who engage in sodomy — are unconstitutional and discriminatory. High Court Judge Michael Hartmann made the judgment after William Roy Leung, a 20-year-old homosexual, launched a legal challenge against what he considered discriminatory anti-gay laws. Hartmann said the laws "discriminate on the basis of sexual orientation. (They) are demeaning of gay men who are, through the legislation, stereotyped as deviant." Existing laws prohibit "gross indecency," or sexual intimacy, between men if one or both are aged under 21, while heterosexual and lesbian couples who are 16 or older may do so lawfully. Men who engage in consensual sodomy with another when either is under 21 face life imprisonment. Although a similar law also applies to heterosexual sodomy, Hartmann said the law is discriminatory toward gay men. He said in the case of homosexual sodomy, both men are criminally liable, but in the case of heterosexual sodomy only the man, not the woman, is liable. The judge ruled the laws are inconsistent with Hong Kong's mini-constitution, the Basic Law, and the Bill of Rights, which provide that all Hong Kong residents are equally protected by the law. He determined the laws are a "grave and arbitrary interference with the right of gay men to self-autonomy in the most intimate aspects of their private lives." Leung told reporters after the ruling: "The difference is I can finally have a loving relationship without being scared of (being) thrown into jail for life imprisonment. That would be what we've been asking for." Gay activist Roddy Shaw also welcomed the ruling. He said police have arrested 65 men under gay sex laws in the past five years and 26 were convicted. "It is a landmark case and a long overdue judgment. It's the first time that sexual orientation has been upheld as a protected ground against discrimination in a Hong Kong court," he said. The ruling comes as debate over a proposed law prohibiting discrimination toward homosexuals rages between gay and religious groups in the former British colony. * * * * * 25 Aug 2005 High Court Judge Michael Hartmann issued the judgment after William Roy Leung, a 20-year-old gay man, launched a legal challenge against what he considered discriminatory anti-gay laws. Human rights experts said the ruling effectively cancels out the law, although the government can appeal. Hartmann said the laws "discriminate on the basis of sexual orientation. (They) are demeaning of gay men who are, through the legislation, stereotyped as deviant". Existing laws prohibit "gross indecency", or sexual intimacy, between men if one or both are under 21, while heterosexual and lesbian couples who are 16 or older may do so lawfully. Men who engage in consensual sodomy with another when either is under 21 face life imprisonment. Although a similar law also applies to heterosexual sodomy, Hartmann said the law was discriminatory toward gay men. He said that in the case of homosexual sodomy, both men were criminally liable, but in the case of heterosexual sodomy only the man was liable. Hartmann ruled that the laws were inconsistent with Hong Kong's mini-constitution, the Basic Law, and the Bill of Rights, which provide that all Hong Kong residents are equally protected by the law. He also ruled that the laws were a "grave and arbitrary interference with the right of gay men to self-autonomy in the most intimate aspects of their private lives". Leung said it was what he and other gay men had been fighting for. "The difference is I can finally have a loving relationship without being scared of (being) thrown into jail for life imprisonment," he told reporters after the judgment. * * * * * BBC Online HK gay sex rules 'discriminatory' A Hong Kong judge has ruled that laws prohibiting gay sex by men under the age of 21 are unconstitutional. The High Court judge, Michael Hartmann, said the current laws discriminated on the basis of sexual orientation. A 20-year-old gay man, William Roy Leung, had challenged Hong Kong's existing laws on the issue. They allow sex between heterosexuals and lesbians from the age of 16, but anyone under the age of 21 who engages in sodomy could face life in prison. The government says it will study the judgement. Mr Hartmann said the current laws were "demeaning of gay men who are, through the legislation, stereotyped as deviant". The laws prohibit "gross indecency" or sexual intimacy between men if one or both are younger than 21. Welcomed Gay rights activists welcomed the ruling, saying that 63 men have been arrested under the laws in the past five years. They said that the law was now unenforceable. "It is a landmark case and a long overdue judgement," said activist Roddy Shaw. "It's the first time that sexual orientation has been upheld as a protected ground against discrimination in a Hong Kong court," he was quoted as saying by the Associated Press. Hong Kong is now holding consultations on the legislation. The territory's security bureau said it was studying the ruling. http://news.bbc.co.uk/2/hi/asia-pacific/4179376.stm * * * * * 25 August 2005 Judge rules on gay sex laws A Hong Kong judge has ruled that gay sex laws are discriminatory. Currently, under 21s who engage in sodomy face life imprisonment. * * * * * 25 Aug 2005 HK rules against gay sex laws Hong Kong judge Michael Hartmann has ruled that laws against gay sex — including one that demands a life sentence for men aged under 21 who engage in sodomy — are unconstitutional and discriminatory. The ruling was made after a 20-year-old homosexual, challenged the laws. — AP * * * * * The Straits Times No report at all.
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