If court decision overturning laws stands, men convicted years ago could win leave to clear names, expert says
Men convicted of buggery and gross indecency with other men might be able to clear their names after Wednesday's landmark court ruling overturning the laws under which they were charged, an academic said.
'A court decision is declaratory in nature,' said Eric Cheung Tat-ming, associate professor in the Law Faculty at the University of Hong Kong.
If the provisions violated the Basic Law and Hong Kong Bill of Rights, then they had been invalid since these measures were enacted. 'So defendants convicted of those provisions could file an appeal,' he said.
But it is up to the Court of Appeal whether delayed applications would be accepted. 'Many of these cases must have long passed the 28-day limit for filing an appeal, but the Court of Appeal holds discretion to grant out-of-time leave to the applicants providing there is a strong reason,' Professor Cheung said.
According to gay-rights group Civil Rights for Sexual Diversities, 63 men were arrested under the repealed law in question between 1998 and 2003. Of these, 31 have been prosecuted and 26 convicted.
The Department of Justice said there were appeals pending for trial but declined to comment on what grounds they were based on.