The Court of Appeal in a case involving whether homosexual men have been unjustifiably discriminated against by certain provisions contained in the Crimes Ordinance, Cap. 200 relating to buggery held that section 118C of the Crime Ordinance is unconstitutional and breaches the Basic Law and the Bill of Rights.
 
"This case provided an opportunity for the constitutional rights of equality to be extensively and seriously argued in the Court of Appeal.  The Court has affirmed that the right of equality is fundamental to all people and that protection should be accorded to minorities," said Mr. Raymond TANG, Chairperson of the Equal Opportunities Commission (EOC). "Today's decision underlies a significant message, that is where minorities' fundamental right of equality is adversely affected, there needs to be good reasons to justify the situation and the Court will scrutinize the reasons with intensity."

The EOC participated in these proceedings as Amicus Curiae.

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