Government appeals gay-sex ruling

The government yesterday lodged an appeal against a High Court ruling that overturned a law banning some sexual acts between men under the age of 21.

The appeal outraged human rights and gay groups, which described the government as 'backward' in its treatment of minorities.

'Given the significant public concerns and legal principles involved, the government, after careful consideration, has decided to bring an appeal in respect of the Court of First Instance's ruling on Section 118C of the Crimes Ordinance [Cap 200],' a spokesman for the Security Bureau said.

Section 118C outlawed and recommended a life sentence for buggery by or on men under 21.

The appeal, filed yesterday by the secretary for justice, is against the ruling of a judicial review initiated by William Roy Leung, a 20-year-old homosexual.

Mr Leung said the various sections of the ordinance discriminated against gay men because it prohibited homosexual sex until a man was 21, as opposed to 16 for heterosexuals and lesbians.

In his ruling on August 24, Mr Justice Michael Hartmann said the law had unfairly discriminated against homosexual men.

The appeal document says Mr Justice Hartmann wrongly accepted Mr Leung's submission that for male homosexuals, the only form of sexual intercourse available to them was anal intercourse.

It also argued that the ordinance was not discriminatory on the basis of sexual orientation because it 'ensured the legislative intention of protection of adolescents, both male and female, from engaging in the conduct of buggery'.

Solicitor Michael Vidler, who represented Mr Leung, said he and his client were surprised that the government had challenged the judge's ruling on the 'most draconian' section of the ordinance.

'Mr Leung will continue to fight for his rights, and the rights of all Hong Kong citizens, to be treated equally before the law,' he said.

'Mr Leung is confident that the Court of Appeal will reach the right decision in this case.'

Hong Kong Human Rights Monitor director Law Yuk-kai said: 'It is worrying and very backward for the government to justify its appeal using 'significant public concerns'. The government should protect the rights of the minorities regardless of what the majority [thinks].'

Chan Yut-wah, vice-chairman of the Society for Truth and Light, welcomed the government move.

He said buggery was a high-risk act for teenagers and behaviour that would result in the spread of disease. The group this week collected 25,700 signatures from the public to urge the government to appeal against the court ruling.