The Hong Kong High Court granted detained activist Chow Hang-tung leave on Tuesday to challenge a prison policy on the grounds of alleged sex discrimination. A date for the substantive judicial review hearing has yet to be scheduled.
According to local media outlet The Witness, the challenge focuses on the differences in dress code requirements for male and female prisoners. In her writ, Chow alleges that welfare officers denied her request to wear shorts or lighter clothing, citing that long trousers are required for female prisoners due to “age changes and sensitive skins.”
Chow argues that this policy violates Section 38 of the Sex Discrimination Ordinance, which prohibits the government from discriminating against a woman in the performance of its functions or the exercise of its powers. She contends that the differing dress codes for male and female prisoners, despite them living in similar conditions, constitute differential treatment.
Additionally, Chow similarly claims that the policy contravenes Article 25 of the Basic Law and Article 22 of the Hong Kong Bill of Rights, both of which guarantee equality before the law. She added that maintaining discipline can not be a legitimate aim of the policy because female prisoners are required to wear short in night time activities and physical training sessions.
Chow further challenges the reasonableness of requiring female prisoners to wear trousers in hot weather, highlighting that between 2021 and 2023, the Hong Kong Observatory recorded more than 50 “very hot” days each year.
As a result, Chow argues that the policy breaches Rules 26 of the Prison Rules, which obliges the Correctional Services Department to supply adequate clothing for warmth and health. She asserts that forcing female prisoners to wear trousers negatively impacts their health and is therefore unconstitutional.
This is not the first time the policy has faced scrutiny. Opposition activist Chung Suet-ying, who is currently serving a sentence of over seven years for possessing firearms and bullets without a licence, also attempted to challenge the shorts ban for female prisoners. However, her challenge was later withdrawn.
Chow Hang-tung remains in detention while awaiting trial for subversion in relation to her role in the now-disbanded Hong Kong Alliance in Support of Patriotic Democratic Movements of China. In a previous case management hearing, Justice Lee confirmed that the substantive hearing in this case will not take place this year.
Chow has previously been convicted for failing to comply with notice to provide information under Article 43 of the China-imposed National Security Law and its implementation rules. She was also convicted of inciting others to participate in an unauthorized assembly under section 17A(3)(a) of the Public Order Ordinance.
