Gay Hong Kong Man Wins Legal Fight

A 20-year-old gay man in Hong Kong won a legal challenge Wednesday of laws against homosexuality — including one that calls for a life sentence for sodomy when one or both men are younger than 21.

As he left the High Court, William Roy Leung told reporters that his legal victory means that "I can finally have a loving relationship without being scared of (being) thrown into jail for life imprisonment."

In his ruling, High Court Judge Michael Hartmann said the anti-gay laws "discriminate on the basis of sexual orientation" and "are demeaning of gay men who are, through the legislation, stereotyped as deviant."

The judge also said that the laws are a "grave and arbitrary interference with the right of gay men to self-autonomy in the most intimate aspects of their private lives."

The laws prohibited "gross indecency" or sexual intimacy between men if one or both are under 21. But heterosexual and lesbian couples who are 16 or older can legally have such relations.

Under the laws, men who engage in consensual sodomy with another when either is under 21 face life imprisonment.

"It is a landmark case and a long overdue judgment," gay activist Roddy Shaw said. "It's the first time that sexual orientation has been upheld as a protected ground against discrimination in a Hong Kong court."

Shaw said police have arrested 65 men under gay sex laws in the past five years, and 26 were convicted.

The laws have been on the books for 14 years — well before the former British colony returned to Chinese rule in 1997.

Some Christian groups condemned Wednesday's decision, saying it would encourage more young people to try sodomy.

Homosexuals are treated differently throughout Asia. Countries like the Philippines and Thailand tend to be more tolerant, while ethnic Chinese cultures like Hong Kong are less open.

Cho Man-kit, a gay activist and university employee, said the decision was "a milestone."

"I'm really happy it happened because I always thought this was impossible. It would be a really big help for our fight for equality for the future. Before when the law was enforceable, the law could be an obstacle for people who want to come out to their family."

The government — which said Wednesday it was reviewing the decision — can still appeal the ruling.

But Law Yuk-kai of the Hong Kong Human Rights Monitor said the ruling meant the government no longer had a legal basis for enforcing the law.

"Once a judge strikes down a law as unconstitutional, the government has lost its legal authority to enforce the law, even though the law is still on the books," Law said.

The ruling came as Hong Kong debates whether a law prohibiting discrimination against homosexuals is needed. There has been heated arguments on call-in radio shows, and religious groups have been taking out large newspaper ads urging the public not to support such legislation.

The government has so far provided few details about what an anti-discrimination bill would say, but Shaw said he thought Wednesday's ruling would have a significant impact in pushing the bill forward.

"The ruling is timely because it will definitely motivate the government to advance the anti-discrimination bill," he said.