Today's Standard reports that Hong Kong's Court of Final Appeal yesterday upheld a verdict dismissing a charge against two men for engaging in anal sex in a public place (a parked car, in fact), on the grounds that the relevant law was unconstitutional because it applied only to homosexuals, contrary to the Basic Law which guarantees that everyone shall be equal before the law.
As in any case involving sexual activity, up pop the usual suspects to moralise about it. Choi Chi-sum, general secretary of the Christian group the Society for Truth and Light, says the verdict is "regrettable" and "disappointing" and "sets a dangerous precedent", arguing that "using a technicality to strike down the appeal is worrisome". "What the people are worried about is that indecent acts in public places are inappropriate. It's not about whether hetero or homo sex is involved", he is reported as saying.
Choi seems to have grasped only half the point here. Certainly most people would prefer not to witness a mass outbreak of sodomy in the streets, whether homosexual or heterosexual. But applying the law against it to only one sector of the population is not a "technicality"; it is a clear violation of basic human rights. If the law banned public buggery between white people but allowed it between Chinese people, would Choi consider that sort of discrimination a mere technicality?
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