Gay Groups

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HONG KONG (AP) - A judge struck down Hong Kong's sodomy laws on Wednesday, siding with a 20-year-old homosexual man who challenged the measures - including one that demanded a life sentence for gay sex when one or both men are younger than 21.

As he left the High Court, William Roy Leung said his legal victory means that ``I can finally have a loving relationship without being scared of (being) thrown into jail for life imprisonment.''

The judge ruled the anti-gay laws ``discriminate on the basis of sexual orientation'' and ``are demeaning of gay men who are, through the legislation, stereotyped as deviant.''

In the ruling, High Court Judge Michael Hartmann also said that the laws are a ``grave and arbitrary interference with the right of gay men to self-autonomy in the most intimate aspects of their private lives.''

The laws prohibited ``gross indecency'' or sexual intimacy between men if one or both are under 21. But heterosexual and lesbian couples who are 16 or older can legally have such relations.

Under the laws, gay men who engage in consensual sodomy when either is under 21 face life imprisonment.

``It is a landmark case and a long overdue judgment,'' said Roddy Shaw, a gay activist. ``It's the first time that sexual orientation has been upheld as a protected ground against discrimination in a Hong Kong court.''

Shaw said police have arrested 65 men under gay sex laws in the past five years, and 26 were convicted.

The laws have been on the books for 14 years - well before the former British colony returned to Chinese rule in 1997.

Some Christian groups condemned Wednesday's decision, saying it would encourage more young people to try sodomy.

Homosexuals are treated differently throughout Asia. Countries like the Philippines and Thailand tend to be more tolerant, while ethnic Chinese cultures like Hong Kong are less open.

In Europe, an EU charter of rights adopted in 2000 protects against discrimination, including sexual orientation, in the 25 European Union nations. Spain, the Netherlands and Belgium also legally recognize same-sex marriage.

In June 2003, the U.S. Supreme Court ruled that sodomy laws were unconstitutional, striking down a Texas law that made homosexual sex a crime. The ruling invalidated sodomy laws in 13 states.

Hong Kong's government, which said Wednesday it was reviewing the decision, can still appeal Wednesday's ruling.

But Law Yuk-kai of the Hong Kong Human Rights Monitor said the decision meant the government no longer had a legal basis for enforcing the law.

``Once a judge strikes down a law as unconstitutional, the government has lost its legal authority to enforce the law, even though the law is still on the books,'' Law said.

The ruling came as Hong Kong debates whether a law prohibiting discrimination against homosexuals is needed. There has been heated arguments on call-in radio shows, and religious groups have been taking out large newspaper ads urging the public not to support such legislation. The government has so far provided few details about what an anti-discrimination bill would say, but Shaw said he thought Wednesday's ruling would help advance the bill.