17 Jul 2007
SECRETARY FOR JUSTICE v. YAU YUK LUNG ZIGO AND ANOTHER
- Citation
- SECRETARY FOR JUSTICE v. YAU YUK LUNG ZIGO AND ANOTHER
- Court
- Court of Final Appeal
- Case number
- FACC12/2006
Section 118F(1) criminalises only homosexual buggery committed otherwise than in private and thereby draws a dividing line based on sexual orientation; the government failed to demonstrate any genuine need for that differential treatment so the provision fails the first limb of the justification test and is unconstitutional; procedurally, magistrates must consider section 27 (amendment/substitution) and a magistrate's final ruling of unconstitutionality is appealable by case stated; in this appeal the Court dismissed the appeal and ordered costs to the 2nd respondent.