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Secretary for Justice v Yau Yuk Lung Zigo
''Secretary for Justice v Yau Yuk Lung Zigo and Another '' () was a controversial and significant judicial review court case in Hong Kong. The case was mainly about sexual orientation discrimination and legal procedures of potentially unconstitutional legislation. The case also led to the creation of a new judicial review standard regarding discrimination and, later on, the extension of protection against domestic violence for LGBT community.
==Background==
In April 2004, the two male respondents in the case, who were 19 and 30 at the time, were found in engaging anal sex in a car parked beside a quiet and dark highway. The two were then prosecuted and charged with violations of Crimes Ordinance Section 118F(1) which prohibited sodomy in public. The case was the very first prosecution of Section 118F(1) since the enactment in 1991. The case was brought before a magistrate judge, Mr John T. Glass, whom then ruled Section 118F(1) unconstitutionally discriminatory against gay men and thus dismissed the charges.
The Government then appealed to the Court of Appeal. The appellate court subsequently upheld the magistrate’s rulings. The case was, once again, appealed and brought before the Court of Final Appeal which ruled on the case in July 2007. The Court of Final Appeal upheld the lower courts’ rulings regarding the discriminatory nature of Section 118F(1) but revised the decisions relating to the legal procedures of a magistrate dismissing unconstitutional charges for future cases. (Court of Final Appeal judgement, paragraphs 4–5)
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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