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Leung TC William Roy V Secretary For Justice
''Leung TC William Roy v Secretary for Justice'' ( ) is a leading Hong Kong High Court judicial review case on the equal protection on sexual orientation and the law of standing in Hong Kong. Particularly, the Court sets up a precedent case prohibiting unjustified differential treatments based upon one's sexual orientation. Background Prior to this case, the age of consent for homosexual men was 21 but not for heterosexual or lesbian couples, which was 16. Any gay man engaging in buggery with another man under 21 could be sentenced to life imprisonment, based on the provisions contained in the ''Crimes Ordinance''. In 2004, Mr Leung, the applicant, a 20-year-old gay man, applied for leave for judicial review without being arrested or prosecuted. In his application, Mr Leung complained that the ''Crimes Ordinance'' discriminated against him based upon his sexual orientation and interfered with his private life by forbidding him to give physical expression to other gay men and, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal (Hong Kong)
The Court of Appeal of the High Court of Hong Kong is the second most senior court in the Hong Kong legal system. It deals with appeals on all civil and criminal cases from the Court of First Instance and the District Court. It is one of two courts that makes up the High Court of Hong Kong (which was formerly known as the Supreme Court of Hong Kong). Sometimes criminal appeals from Magistrates' Courts with general public importance are also dealt with in the Court of Appeal, either by referral by a single judge from the Court of First Instance, or upon granting of leave on application for review by the Secretary for Justice. This court also hears appeals from the Lands Tribunal and various tribunals and statutory bodies. The Chief Judge of the High Court of Hong Kong serves as the President of the Court of Appeal. Prior to the establishment of the Court of Appeal in 1976, a Full Court consisting of first instance High Court judges was constituted to hear appeals. Ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Michael Hartmann (judge)
Michael John Hartmann GBS () is a senior judge. He is Chairman of the Market Misconduct Tribunal and the Securities and Futures Appeals Tribunal in Hong Kong. Early life and education Hartmann was born in Bombay (now Mumbai), British India on 24 July 1944 to a British father and an Australian mother. He was raised near Orange, New South Wales, Australia. He holds Australian citizenship. Hartmann moved to England at the age of nine. After obtaining his A Levels in England, he moved to Rhodesia (now Zimbabwe). He received an LLB from the University of London through the University College of Rhodesia in 1967. After university, he completed national service in the Rhodesian Army. Legal career Hartmann was admitted as an attorney in Rhodesia in 1971 and practised in Harare. In 1983, he left Zimbabwe and moved to Hong Kong to join the Legal Department as Crown Counsel. He was promoted to Senior Crown Counsel in 1984 and became a Deputy Principal Crown Counsel in 1989. Ju ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
LGBT Rights Case Law
' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity. The LGBT term is an adaptation of the initialism ', which began to replace the term ''gay'' (or ''gay and lesbian'') in reference to the broader LGBT community beginning in the mid-to-late 1980s. When not inclusive of transgender people, the shorter term LGB is still used instead of LGBT. It may refer to anyone who is non-heterosexual or non-cisgender, instead of exclusively to people who are lesbian, gay, bisexual, or transgender. To recognize this inclusion, a popular variant, ', adds the letter ''Q'' for those who identify as queer or are questioning their sexual or gender identity. The initialisms ''LGBT'' or ''GLBT'' are not agreed to by everyone that they are supposed to include. History of the term The first widely used term, ''homosexual'', ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
LGBT Rights In Hong Kong
Lesbian, gay, bisexual, transgender ( LGBT) persons in Hong Kong (a special administrative region of China), may face legal challenges not experienced by non-LGBT residents. History After the 1967 decriminalisation of homosexuality in the United Kingdom, there were moves to undertake a similar reform in Hong Kong. Governor Murray MacLehose privately supported gay rights but he and others felt that the local community would not support decriminalisation. For a bibliographic overview of Hong Kong LGBT history, see Towards Full Citizenship = 向光明. Legality of same-sex sexual activity As a British colony, Hong Kong's criminal laws against male homosexual acts were initially a reflection of British law, with a maximum sentence of life imprisonment. During the 1970s and 1980s, there was a public debate about whether or not to reform the law in line with human rights principles. As a result, in 1991 the Legislative Council agreed to decriminalise private, adult, non-commerc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Secretary For Justice V
A secretary, administrative professional, administrative assistant, executive assistant, administrative officer, administrative support specialist, clerk, military assistant, management assistant, office secretary, or personal assistant is a white-collar worker person whose work consists of supporting management, including executives, using a variety of project management, communication, or organizational skills within the area of administration. There is a diverse array of work experiences attainable within the administrative support field, ranging between internship, entry-level, associate, junior, mid-senior, and senior level pay bands with positions in nearly every industry. However, this role should not be confused with the role of an executive secretary, cabinet secretary such as cabinet members who hold the title of "secretary," or company secretary, all which differ from an administrative assistant. The functions of a personal assistant may be entirely carried out to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cho Man Kit V Broadcasting Authority
''Cho Man Kit v Broadcasting Authority'' () was a Hong Kong High Court case that involved a challenge of a decision by the Broadcasting Authority that ruled a television documentary as offensive and partial in its treatment of same-sex marriage. The Court ruled that the decision was unlawful. Background In July 2006, RTHK broadcast a documentary during family viewing hours named ''Gay Lovers''. The documentary captured the lives of gay people and their difficulties, thoughts, and feelings in interviews with a lesbian couple and a gay man, Cho Man Kit, who was the applicant of the case. In the programme, the interviewees said they hoped that Hong Kong government would recognise same-sex marriage or civil union. The Broadcasting Authority then received complaints about the programme. In January 2007, after its Complaints Committee's investigation, the Broadcasting Authority handed down and published an admonition criticising that the programme did not fulfil the codes of practice ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Margin Of Appreciation
The margin of appreciation (or margin of state discretion) is a legal doctrine with a wide scope in international human rights law. It was developed by the European Court of Human Rights to judge whether a state party to the European Convention on Human Rights should be sanctioned for limiting the enjoyment of rights. The doctrine allows the court to reconcile practical differences in implementing the articles of the convention. Such differences create a limited right for contracting parties "to derogate from the obligations laid down in the Convention". The doctrine also reinforces the role of the European Convention as a supervisory framework for human rights. In applying that discretion, the court's judges must take into account differences between domestic laws of the contracting parties as they relate to substance and procedure. The margin of appreciation doctrine contains concepts that are analogous to the principle of subsidiarity, which occurs in the unrelated field of EU law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gross Indecency Between Men
Gross indecency is a crime in some parts of the English-speaking world, originally used to criminalize sexual activity between men that fell short of sodomy, which required penetration. The term was first used in British law in a statute of the British Parliament in 1885 and was carried forward in other statutes throughout the British Empire. The offence was never actually defined in any of the statutes which used it, which left the scope of the offence to be defined by court decisions. History The term ''gross indecency'' was first used in the Labouchere Amendment (section 11 of the Criminal Law Amendment Act 1885), which criminalized sexual acts between men, including those done in private. Gross indecency statutes consequently spread throughout the British Empire. Canada adopted the term in section 178 of the Criminal Code in 1892. The term was also used in the Criminal Code (sections 206 (1906, 1927), 149 (1953–1954), 157 (1970), 161 (1985)) as well as in the Criminal Law A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hong Kong Bill Of Rights Ordinance
The Hong Kong Bill of Rights Ordinance (HKBORO), often referred to as the Hong Kong Bill of Rights, is Chapter 383 of the Laws of Hong Kong, which transposed the International Covenant on Civil and Political Rights so that it is incorporated into Hong Kong law. Background The Government of the United Kingdom ratified the International Covenant on Civil and Political Rights (ICCPR) on 20 May 1976. The ICCPR was extended to British Dependent Territories, including Hong Kong, in the same year. Continued application of the ICCPR in the Hong Kong Special Administration Region was stipulated in the Sino-British Joint Declaration and Article 39 of the Basic Law. After the 1989 Tiananmen Square protests and massacre in the summer of 1989, the Hong Kong Bill of Rights Ordinance was intended to restore the shattered confidence of the people of Hong Kong in their future. Amidst growing urges in society on giving effect to rights in the ICCPR in the domestic law of Hong Kong, the Hong ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hong Kong Basic Law
The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China is a national law of China that serves as the organic law for the Hong Kong Special Administrative Region (HKSAR). Comprising nine chapters, 160 articles and three annexes, the Basic Law was composed to implement Annex I of the 1984 Sino-British Joint Declaration. The Basic Law was enacted under the Constitution of China when it was adopted by the National People's Congress on 4 April 1990 and came into effect on 1 July 1997 when Hong Kong was transferred from the United Kingdom to China. It replaced Hong Kong's colonial constitution of the Letters Patent and the Royal Instructions. Drafted on the basis of the Joint Declaration, the Basic Law lays out the basic policies of China on Hong Kong, including the "one country, two systems" principle, such that the socialist governance and economic system then practised in mainland China would not be extended to Hong Kong. Instead, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Privacy Law
Privacy law is the body of law that deals with the regulating, storing, and using of personally identifiable information, personal healthcare information, and financial information of individuals, which can be collected by governments, public or private organisations, or other individuals. It also applies in the commercial sector to things like trade secrets and the liability that directors, officers, and employees have when handing sensitive information. Privacy laws are considered within the context of an individual's privacy rights or within reasonable expectation of privacy. The Universal Declaration of Human Rights states that everyone has the right to privacy. The interpretation of these rights varies by country and are not always universal. Classification of privacy laws Privacy laws can be broadly classified into: * General privacy laws that have an overall bearing on the personal information of individuals and affect the policies that govern many different areas of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Social Equality
Social equality is a state of affairs in which all individuals within a specific society have equal rights, liberties, and status, possibly including civil rights, freedom of expression, autonomy, and equal access to certain public goods and social services. Social equality requires the absence of legally enforced social class or caste boundaries and the absence of discrimination motivated by an inalienable part of an individual's identity. For example, advocates of social equality believe in equality before the law for all individuals regardless of sex, gender, ethnicity, age, sexual orientation, origin, caste or class, income or property, language, religion, convictions, opinions, health, or disability. Social equality is related to equal opportunity. Definition Social equality is variously defined and measured by different schools of thought. These include equality of power, rights, goods, opportunities, capabilities, or some combination of these things. It may also by de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
