Hong Kong drops challenge against gay sex law

Published Oct 16, 2006

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Hong Kong's government on Monday caved in to a challenge against its gay sex laws, effectively lowering the homosexual age of consent from 21 to 16.

The decision followed a shaming government defeat in the courts when it vainly appealed against a judicial review's findings that the law governing the age of gay consent was unconstitutional.

In a short statement, the Security Bureau said it would not seek to reverse the court's decision.

"After considering all the relevant factors, the government decided not to appeal the judicial review," it read.

In a city that only decriminalised homosexuality in 1991, gays and lesbians had faced life imprisonment if they had performed sodomy before the age of 21. However, heterosexuals who had sex before 16 faced just a five-year sentence.

The court's decision in September rendered the law unenforceable and the next step will be for the administration to introduce legislation to remove the provision from the statute book.

"I fail to see on any basis the justification of this age limit," Chief High Court Judge Geoffrey Ma wrote in his judgement at the time.

"No evidence has been placed before us to explain why the minimum age requirement for buggery is 21 whereas as far as sexual intercourse between a man and a woman is concerned, the age of consent is only 16," he said.

The case had originally been brought by 21-year homosexual William Leung. His lawyer hailed the government decision.

"Now they are not appealing it, which means they accept the fact and the court's judgement," said Michael Vidler.

"It's about time the government initiates steps to remove the law without further delay. Failure to do so will be a slap in the face for the constitution," Vidler added. - Sapa-AFP

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