Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Buggery/sodomy

  • 24 Aug 2005

    LEUNG TC WILLIAM ROY v. SECRETARY FOR JUSTICE

    Citation
    LEUNG TC WILLIAM ROY v. SECRETARY FOR JUSTICE
    Court
    Court of First Instance
    Case number
    HCAL160/2004

    The challenged provisions discriminate against homosexual men and arbitrarily interfere with private, consensual sexual autonomy; the differentiation (higher age limit and deeming provisions) lacks an objective, reasonable and proportionate justification and therefore contravenes Basic Law equality rights and the Hong Kong Bill of Rights; accordingly declarations of inconsistency are warranted and the deeming provisions must be struck down or read down as appropriate.

  • 22 Sept 2004

    HKSAR v. CHAN KAI LAM

    Citation
    HKSAR v. CHAN KAI LAM
    Court
    Court of Appeal
    Case number
    CACC311/2003

    The Court dismissed the application for leave to appeal: the trial judge had given accurate and comprehensive directions on the law including consent and honest mistake; the prosecution evidence, supported by medical evidence of an anal tear consistent with penetration, established a prima facie case of buggery; the jury could rationally convict unanimously on buggery while failing to reach a verdict on rape, and there was no basis to regard the conviction as unsafe.