The act of buggery itself is not illegal in Hong Kong. It is now settled in law that consenting men over 21, who commit buggery, do not commit an offence under the current law. A person who commits an act of buggery is not punishable unless he or she has committed buggery in a prohibited circumstance, e.g. without the consent of the other party or buggery committed with an underage girl or boy.
Since the decision in Leung TC William Roy v Secretary for Justice and on appeal, the Courts have ruled various homosexual offences as being unconstitutional (see below). ). Also see the decision in Yeung Chu Wing v Secretary for Justice.
In a recent decision by the Court of Appeal in HKSAR v Yeung Ho Nam, the court noted that there needs to be a proper and effective review of the laws and policies that discriminate against same-sex relationships to reflect equality between heterosexual and homosexual relationships.