Sep 20, 2006 | News
The ICJ welcomes today’s decision of the Hong Kong Court of Appeal in the case of William Roy Leung vs Secretary for Justice.
The Hong Kong Court of Appeal upheld the decision of a lower court that a provision of the Hong Kong Crimes Ordinance (section 118C) was discriminatory based on sexual orientation, as it prohibits consensual male homosexual sex until both parties are above 21 years old. The Court also affirmed that this provision constitutes an arbitrary interference on the right to privacy.
“The decision is a vindication of the right to equality before the law and non discrimination and is consistent with Hong Kong’s obligations under the International Covenant of Civil and Political Rights, ” said Philip Dayle, Legal Officer at the ICJ.
The Crimes Ordinance criminalizes parties to consensual male homosexual sex even if both participants are over 16 years of age, but one party is under the age of 21. Consensual sex between heterosexual persons who are above the age of 16 is not similarly outlawed. The Court reasoned that, “…section 118C of the Crimes Ordinance significantly affects homosexual men in an adverse way compared with heterosexuals.”
The ICJ offered an exposition of the international human rights and comparative public law analysis in relation to sexual orientation in this matter. This intervention was incorporated in the amicus brief of the Equal Opportunities Commission of Hong Kong and was presented to the court.
Both the decision of the court of appeal and the ICJ arguments in this matter are available on the ICJ website
Hong Kong-Roy court appeal-Press releases-2006 (full text, PDF)
Sep 14, 2006 | News
The Eminent Jurists Panel on Terrorism, Counter-terrorism and Human Rights, concluded its visit to Washington, D.C., today.
The panel is an independent group of eight jurists appointed by the International Commission of Jurists (ICJ) to conduct a global inquiry on the impact of terrorism and counter-terrorism measures on the rule of law, human rights and humanitarian law. The US hearing was the 7th hearing following visits to Australia, Colombia, East Africa, Britain and Northern Ireland, and North Africa.
USA-Panel concludes hearing-Press releases-2006 (full text, PDF)
Sep 8, 2006 | News
El establecimiento de una Comisión de Investigación de Cuerpos Ilegales de Seguridad y Aparatos Clandestinos de Seguridad (CICIACS) de acuerdo con normas internacionales de derechos humanos es tarea urgente e impostergable.
Sep 6, 2006 | News
The Eminent Jurists Panel on Terrorism, Counter-terrorism and Human Rights opened today three days of hearings in Washington, D.C., on US counter-terrorism laws and policies.
Sep 1, 2006 | News
The ICJ today mourned the passing of one of its Commissioners, Lord Robin Cooke of Thorndon, from New Zealand.
Lord Cooke was a highly-respected New Zealand jurist. He was elected to the ICJ in 1993 and was re-elected for two additional terms. Lord Cooke served as Lord of Appeal in the United Kingdom House of Lords from 1996, and was a member of the Privy Council from 1977. His prestigious career also included service as President of New Zealand’s Court of Appeal from 1986 to 1996, as a judge of that court from 1976 to 1986, and as a judge of the Supreme Court of New Zealand from 1972 to 1976. Lord Cooke retired in 2001.
On numerous occasions, Lord Cooke also sat as an Appellate Justice in a number of Asia-Pacific jurisdictions, among them, the Hong Kong Court of Final Appeal, the Fiji Supreme Court and the Courts of Appeal of Samoa and Kiribati. He was a life member of Law Asia, the American Law Institute, the English Bar, and the International Bar Association.
An experienced and well-respected international lecturer, Lord Cooke contributed to furthering the mission of the ICJ, including by writing and lecturing on the importance for upholding the rule of law of an independent judiciary, and, on the role of the judiciary in upholding human rights and democracy.
The ICJ expressed its condolences to the family of Lord Cooke.
Aug 25, 2006 | News
The ICJ today called on the Nepali Government and the House of Representatives to ensure broad and transparent consultations before the draft Army Act is adopted.
