30 May 2019
YEUNG CHU WING v. SECRETARY FOR JUSTICE
- Citation
- [2019] HKCFI 1431
- Court
- Court of First Instance
- Case number
- HCAL753/2017
Sections 118G, 118J and 118K of the Crimes Ordinance, as presently drafted, operate discriminatorily against male homosexuals and cannot be sustained under the constitutional equality guarantee because the respondent could not justify the differential treatment under the justification test; the court will prefer remedial interpretation to preserve protective effects where possible but will strike down provisions only where a constitutional reading is impossible or would require altering fundamental features of the legislative scheme.