The Hong Kong High Court recently granted detained activist Chow Hang-tung leave to challenge a prison policy on the grounds of alleged sex discrimination. The date for the substantive judicial review hearing has yet to be set.
Chow’s challenge centers on the discrepancies in dress code requirements for male and female prisoners. In her writ, she claims that welfare officers denied her request to wear shorts or lighter clothing, citing a mandate that female prisoners wear long trousers due to “age changes and sensitive skins.”
Chow argues this policy violates Section 38 of the Sex Discrimination Ordinance, which bars the government from discriminating against women in the performance of its functions or the exercise of its powers. Furthermore, she asserts that the differing dress codes for male and female prisoners constitute differential treatment under similar conditions.
Additionally, Chow claims this policy contravenes Article 25 of the Basic Law and Article 22 of the Hong Kong Bill of Rights, which ensure equality before the law. She highlights that female prisoners are required to wear shorts during nighttime activities and physical training sessions, thus undermining the argument that long trousers are necessary for maintaining discipline.
Chow also challenges the reasonableness of requiring female prisoners to wear trousers in hot weather, pointing out that the Hong Kong Observatory recorded over 50 “very hot” days each year between 2021 and 2023.
She argues this policy breaches Rules 26 of the Prison Rules, which require the Correctional Services Department to supply adequate clothing for warmth and health. Chow asserts that forcing female prisoners to wear long trousers negatively impacts their health, making the policy unconstitutional.
This is not the first time this policy has come under scrutiny. Opposition activist Chung Suet-ying, who is currently serving over seven years for possessing firearms and bullets without a licence, also attempted to challenge the shorts ban for female prisoners. Her challenge was later withdrawn.
Chow Hang-tung remains in detention, awaiting trial for subversion related to her role in the now-disbanded Hong Kong Alliance in Support of Patriotic Democratic Movements of China. In an earlier case management hearing, Justice Lee confirmed that the substantive hearing would not occur this year.
Previously, Chow was convicted for failing to comply with a 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.