Hong Kong government fails in attempt to overturn gay sex ruling

Hong Kong - Gay rights activists on Thursday welcomed a court decision to uphold a ruling which said a law banning men aged under 21 engaging in gay sex was discriminatory. The original ruling which said such a law breached the Basic Law - Hong Kong mini constitution - was made after a judicial review last August initiated by 20-year-old William Leung. Leung had argued the law discriminated against gay men in prohibiting them from homosexual sex until the age of 21, while the age for lesbians and heterosexuals was 16. In its appeal the government argued the law did not discriminate against gays and that there was no basis for a judicial review as there had not been an administrative decision to review. However, an appeal court on Wednesday rejected the arguments saying it was duty-bound to enforce and interpret the Basic Law and that any legislation which infringed on it must be held invalid. Leung, who is holidaying out of Hong Kong, issued a statement via his lawyer welcoming the decision. 'It is hoped the same energy which was expended by the government trying to defend the indefensible will be used to remove these offending laws,' he said. Roddy Shaw of the Civil Rights for Sexual Diversities said the decision sent a strong message to the community that the courts upheld equal rights to the gay population in Hong Kong. The government was on Thursday reported to be studying the ruling before making a decision on whether to take the case to the Final Court of Appeal, Hong Kong's highest court. © 2006 dpa - Deutsche Presse-Agentur

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Hong Kong government fails in attempt to overturn gay sex ruling

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