Social News
Written by: Zhu Dixin
2020-10-28 20:57
Last update date: 2020-10-28 21:01
Liang Guoxiong, a former member of the Legislative Council known as "long hair", was arrested in 2014 for a demonstration and sentenced to imprisonment. He had to cut off his long hair. Liang was dissatisfied with the Correctional Services Department's practice and believed that women could be kept for male criminals. A judicial review was filed for injustice, and the case was once won in the original trial, but the Department was later overturned by the Court of Appeal.
Liang refused to accept the decision, and today (28th) made a final appeal in the Court of Final Appeal against his "hair care" lawsuit.
Since one of the overseas judges who tried the trial appeared in the United Kingdom and was unable to come to Hong Kong due to the impact of the epidemic, the judicial authority specially arranged for the case to be conducted in a video format so that the judge could also participate in the hearing. It was specially arranged at 4 pm Hong Kong time. The hearing only started at that time.
After hearing the resignation, the five judges adjourned the ruling.
Controversial female offenders are not restricted and suspected of gender discrimination
The appellant is Liang Guoxiong, and the respondent is the Director of Correctional Services.
It is the second controversial legal issue that requires male prisoners to cut their hair as short as possible without making such a request for female prisoners. Does it violate the Sex Discrimination Ordinance and constitute direct discrimination; and violate Article 25 of the Basic Law. "Hong Kong residents are equal before the law."
Since one of the judges who tried this case, Hao Liansi, is an overseas judge who appeared in the United Kingdom and was hearing remotely today, the case also started at 4 pm.
Male criminals with restricted hair shape are treated poorly
Senior Counsel Pan Xi, who represented Liang Guoxiong, stated that the Correctional Services Department said that it is based on the "traditional hairstyle" standard to require male prisoners to cut their hair.
However, Pan Xi questioned that the department did not provide relevant evidence and what constitutes a "traditional hairstyle."
The "tradition" referred to now is only the agency imposing gender stereotypes on others.
Pan Xi said that it is not the responsibility of the Dispute Department to maintain discipline in prison, but emphasized that men and women prisoners should be treated equally.
The Department requires male prisoners to have their hair cut short, but female prisoners do not have this requirement, because they are treated poorly.
The agency has the right to set standards for traditional hairstyles
Senior Counsel Huang Jiming, who represented the department, said that the department has the right to maintain consistency in prison in accordance with the "traditional hairstyle" standard.
Huang emphasized that not every prisoner is required to look the same, but no prisoner can be unique.
The standard for "traditional hairstyle" is for men to cut short hair, but there is no relevant standard for women's hair shape.
Judge Ma Daoli questioned why the Department did not explain in the case why this standard was obtained.
Huang Jiming pointed out that the agency had provided an explanation in the affidavit, and that the agency would review it regularly.
Judge Li Yi said that the department referred to "traditional hairstyles," but its rules requiring male prisoners to have short haircuts have not changed for several decades.
Li Guan also pointed out that the members of The Beatles are also long hair.
In response, Pan Xi said that the "Winner Band" and Jackie Chan also had long hair in the 1970s, but no one would say that their behavior is not "traditional."
Case Number: FAMC56/2019
[Liang Guoxiong's hair care case] Liang was allowed to be the ultimate appellant: men had more long hair in the 70s
【Liang Guoxiong Hair Care.
Interpretation of the verdict] Does the distinction between men and women necessarily involve discrimination?
[Liang Guoxiong Hair Care] The Court of Appeal ruled the Correctional Services Department in favor of the male prisoner's forced haircut
01News
Leung Kwok Hung Correctional Services Department Judicial Review Appeal Court of Final Appeal