3. Homosexual sexual offences held to be unconstitutional

3. Homosexual Sexual Offences Held to Be Unconstitutional

Since the decisions in Leung TC William Roy v Secretary for Justice and in Yeung Chu Wing v Secretary for Justice, the Courts have ruled various homosexual offences as being unconstitutional. 

In the 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.

The Courts have held the following offences in the Crimes Ordinance (Cap. 200) to be unconstitutional due to their discriminatory nature:

1. Procuring others to commit homosexual buggery under section 118G;
2. Gross indecency with or by man under 16 under section 118H;
3. Gross indecency by man with man otherwise than in private under section 118J; and
4. Procuring gross indecency by man with man under section 118K.