Long Locks Prevail In Ultimate Court Challenge

The Court of Final Appeal ruled on Friday that requiring male inmates to cut their hair short constitutes sexual discrimination, handing a legal victory to former lawmaker Leung Kwok-hung whose trademark long hair was trimmed when he was incarcerated in 2014.

Leung, commonly known as "Longhair" for his signature locks, had argued that forced hair cuts for men by the Correctional Services Department (CSD) amounted to discrimination, pointing out that female prisoners could wear their hair however they wanted.

In a unanimous ruling, the top court said the fact that male inmates are "denied a choice to their hair length, suggests that they are treated less favourably than female prisoners."

Lawyers for the CSD had said the practice was to ensure custodial discipline by applying conventional standards of appearance in Hong Kong society.

But the judges rejected this argument, saying it's difficult to see how a difference in treatment regarding the hair length between male and female inmates based on conventional standards has anything to do with custodial discipline.

"It is difficult to accept, without a proper explanation, why individual choice should be denied to male prisoners but not female ones, and what this selective denial of choice has to do with a de-emphasis on individuality anyway," they added.

The judges also said the CSD failed to prove that in Hong Kong society men conventionally wore their hair short while women had it both long and short.

Speaking to reporters after the ruling, Leung said it was part of the fight for people's rights.

"Today the justice has been done a bit in the court. But I think justice need to be done outside the court as well. We are all longing for the political right to choose our legislature and chief executive through universal suffrage," he said.

Leung added that while the ruling may not help to improve the treatment of young protesters who are behind bars, he hopes their rights could be better protected.

The ex-lawmaker originally won his case in 2017, but it was overturned a year later by the Court of Appeal which had said inmates' freedom was often curtailed and short hair is in line with conventional standards of appearance.