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Hong Kong man mounts legal challenge against laws on gay sex, calling them discriminatory and unconstitutional

Bid contests seven sections under Crimes Ordinance on sexual activities involving male homosexuals

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Protesters march to Edinburgh Place from Victoria Park during the 2016 Hong Kong Pride Parade. Photo: Dickson Lee

A gay man on Tuesday mounted a legal challenge to repeal Hong Kong laws that criminalise sexual activities involving gay men, saying they were discriminatory and unconstitutional.

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The seven contested sections under the Crimes Ordinance covered homosexual buggery, gross indecency by man and the conduct of procuring young person to resort to, or be on premise or vessel, for intercourse, prostitution, buggery or homosexual act.

Yeung Chu-wing filed the writ at the HIgh Court on Wednesday. Photo: Fung Chang
Yeung Chu-wing filed the writ at the HIgh Court on Wednesday. Photo: Fung Chang

Yeung Chu-wing, a volunteer from local sexual minorities rights group Rainbow Action, argued that such laws were discriminatory since they targeted only gay men without providing equivalent criminal sanctions against heterosexuals or lesbians for the same or comparable conduct.

He is demanding that the High Court declare the relevant sections inconsistent with Article 25 of the Basic Law and Article 22 of the Bill of Rights, and therefore unconstitutional.

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“The existence of discriminatory provisions against homosexuals in the Crimes Ordinance has the effect of stigmatising homosexuals in Hong Kong and reinforcing public prejudice against homosexuals,” the application for leave to apply for judicial review said.

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