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Hong Kong courts
Hong KongLaw and Crime

Hong Kong Court of Appeals calls for immediate review of laws and policies that discriminate against same-sex relationships

  • Judges reduce jail term of sex offender who complained he received an excessive sentence for ‘consensual buggery with a minor’ because he was gay
  • Successful appeal follows landmark court ruling in May, which finally abolished or revised sexual criminal offences that punished gay men

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The High Court in Admiralty, where on Wednesday three judges agreed to reduce a sentence over same-sex discrimination. Photo: Roy Issa
Jasmine Siu

The Court of Appeal on Wednesday called for a “proper and effective” review of all laws and policies that discriminate against same-sex relationships in Hong Kong.

The court’s call emerged after three judges unanimously agreed to reduce the jail term of a sex offender who complained he had been given a manifestly excessive sentence for consensual buggery with a minor because he was gay.

Yeung Ho-nam, 28, was immediately released after the judges replaced his original jail term of 2½ years with a sentence of 10 months, which he had completed.

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Yeung pleaded guilty last September to two counts of unlawful homosexual buggery with a man under the age of 16, admitting that he twice had consensual sex with a 14-year-old boy in 2017.

His successful appeal follows a landmark court ruling in May, which finally abolished or revised a catalogue of sexual criminal offences that punished gay men more severely than their heterosexual counterparts.

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Mr Justice Kevin Zervos, shown here in 2013, said the disparity in penalties was “clearly discriminatory”. Photo: Sam Tsang
Mr Justice Kevin Zervos, shown here in 2013, said the disparity in penalties was “clearly discriminatory”. Photo: Sam Tsang

In the May ruling, Mr Justice Thomas Au Hing-cheung adopted the government’s proposal to bring the maximum sentence for having sex with a same-sex minor in line with that of unlawful sexual intercourse with a girl under 16, which is capped at five years.

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