A Hong Kong government lawyer has urged a court to dismiss an activist’s judicial challenge against a prison rule barring women inmates from wearing shorts in summer, saying individual preferences should not override the need to maintain a “humane and decent” custodial environment.
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The High Court on Monday heard oral arguments arising from Chow Hang-tung’s application for a judicial review of the Correctional Services Department policy, which requires women inmates to wear trousers in the daytime all year round unless they have medical or religious reasons.
The 40-year-old barrister turned activist is on remand in the Tai Lam Centre for Women awaiting a national security trial over her role as a former vice-chairwoman of the now-dissolved Hong Kong Alliance in Support of Patriotic Democratic Movements of China, the group that had organised the city’s annual Tiananmen Square vigil.
The court heard women inmates had been required to wear dresses throughout the year until 2003, when they were allowed to put on trousers in winter.
Trousers became the standard garment in 2011. Women inmates can only wear shorts at night and during physical training sessions.
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Chow’s lawyers argued that the “plainly arbitrary” rule amounted to sexual discrimination and violated the right to equality, as women prisoners were treated less favourably than their male counterparts who could wear shorts in summer.