Until last July two men holding hands in public could be prosecuted by the police for 'gross indecency' under Section 118 of the Crime Ordinance.
But two landmark court judgments on the ordinance last year have set changes in motion and will continue to put pressure on the government this year. In July, Justice Michael Hartmann of the High Court ruled in favour of William Roy Leung, who sought judicial review on parts of the ordinance that criminalised sexual acts between men. The ruling stated that it violated the Basic Law and Hong Kong's Bill of Rights.
Mike Vidler, legal counsel for Mr Leung, said the case was not about gay rights but about legal justice and fundamental human rights. One section challenged was 118C, which recommended a life sentence for buggery by males under the age of 21. 'Life imprisonment for what? For being in a loving relationship,' he said, 'that part was obviously draconian.'
Also declared unconstitutional were Section 118H, which prescribed a two-year sentence for acts of gross indecency, and 118F and 118J, which criminalised homosexual acts between more than two consensual males in private.
The government has logged an appeal and Mr Vidler has vowed to fight on. If everything goes as expected, the Court of Appeal will hand down another judgment in July. If Justice Hartmann's ruling stands, the government will have to amend the ordinance or mobilise more resources to bring it to the Court of Final Appeal.
One thing is for sure, however, things are not getting any easier for the government. On December 16, Magistrate John Glass in Tsuen Wan Court threw out a buggery case against two men based on a decision that Section 118F, applicable only to buggery between males, was inconsistent with the Basic Law and the Bill of Rights.
