Court Dismisses Chow Hang Tung's Challenge to Hong Kong's Clothing Policy for Persons in Custody

HKSAR Government welcomes court's decision to dismiss Chow Hang Tung's application for judicial review on clothing policy for persons in custody

The Hong Kong Special Administrative Region Government welcomes the judgment handed down by the Court of First Instance of the High Court today (January 13) to dismiss Chow Hang Tung's application for judicial review on the clothing policy for persons in custody (PICs).

The court judgment pointed out that the current clothing policy for PICs, including the requirement for female PICs to wear trousers in summer daytime, was formulated by the Correctional Services Department (CSD) as authorised by the Prison Rules. The Court was satisfied that the CSD had the expertise and experience in the relevant context, and that it had carefully considered various factors, taken into account of professional opinion when making the decision, as well as reviewed the policy continuously. The Court ruled that Chow Hang Tung had failed to demonstrate that the current policy constituted less favourable treatment of a particular gender. The Court pointed out that there was currently no factual evidence to support any assertion that there was widespread concern about the health effects of wearing trousers in summer. In addition, the rule was not absolute, but instead allowed individual PICs to apply for exceptional arrangements in special circumstances. At the same time, the Court also rejected Chow Hang Tung's assertion that she had requested to the CSD in July and August 2024 to wear shorts and had been refused.

A spokesman for the Security Bureau said, "The ruling of the Court of First Instance confirmed that the CSD's approach is reasonable, justified and lawful. According to Rule 26 of the Prison Rules, the CSD must provide every PIC with a uniform that meets a scale imposed by the Commissioner of Correctional Services. Over the years, the CSD had appointed task groups from time to time to review the clothing arrangements of PICs. These reviews gave ample consideration to numerous factors, including the type of correctional institutions, PICs' varying daily routines and activities involved, the need for thermal, physical and psychological comfort for PICs of different genders, privacy and decency of PICs and the security, good order and discipline of the prison, so as to continuously refine clothing arrangements according to the prevailing circumstances."

The spokesman stated, "Chow Hang Tung's assertion that she requested to wear shorts in summer and was rejected by the CSD is entirely inconsistent with the facts and was rejected by the Court. Besides, the current clothing policy for PICs already provides a degree of flexibility. For example, a PIC may make an application to wear other clothing on medical or non-medical grounds to the CSD, and the CSD would make appropriate arrangements having considered the actual circumstances and relevant factors."

The CSD will continue to impartially implement the relevant rules of the Prison Rules in accordance with the law and commit to providing a secure, safe, humane, decent and healthy custodial environment.

Chow Hang Tung, Photo source: reference image

Government refutes inaccurate reports

In response to media reports on the long-term housing arrangements for Wang Fuk Court, a Government spokesman said today (March 13):

Today, the media quoted some individual Wang Fuk Court owners as saying that upon receiving acquisition payments after selling their titles to the Government, or upon obtaining the keys to new flats under the Special Sales Exercise or "Flat-for Flat" arrangements, they would have to move out of the transitional housing within 30 days without any further rental grants. These claims are unfounded. The Government will continue to provide affected owners of Wang Fuk Court with accommodation and rental grants before they have finalised their long-term housing arrangements.

The Housing Bureau emphasised that operating organisations of transitional housing projects have all along been providing flexible move-out arrangements to the residents in need. The 30-day period is no hard-and-fast rule, but operating organisations will flexibly allow residents with genuine needs (e.g. pending completion of renovation works and moving to the new homes) to continue temporary rentals of the transitional housing units. This arrangement applies to all Wang Fuk Court residents no matter they choose to arrange their own long-term accommodation, or they opt for the Special Sales Exercise or a "Flat-for-Flat" arrangement.

On the rental grants, the Support Fund for Wang Fuk Court in Tai Po announced in December last year that it will provide owners of each unit in Wang Fuk Court with an annual rental grant of $150,000. The grant will be provided for two years and disbursed on a semi-annual basis, with each payment being $75,000.

For owners who choose to sell their titles and receive cash payment without participating in the Special Sales Exercise, rental grants will be provided up to the date on which the relevant funds are credited to their account. Owners may make their own long-term housing arrangements with such cash payments. Rental grants received before the credit date will not need to be refunded, but no further grants will be disbursed thereafter.

If owners opt to participate in the Special Sales Exercise, rental grants will continue to be provided up to the intake date of the subsidised sale flats (i.e. the date on which the keys to the flats are collected). By then, their long-term housing needs would have been properly addressed. Any rental grants received prior to the intake date will not need to be refunded, but no further grants will be disbursed thereafter.

The Housing Bureau's "engagement team" will clearly explain the relevant arrangements to the owners of Wang Fuk Court. Should the owners have any questions, they may contact the "engagement team" at any time.

Source: AI-found images