A prison rule requiring male but not female inmates to cut their hair does not amount to discrimination, the top appeal court has ruled, overturning a previous legal win by prominent activist Leung Kwok-hung, known as Longhair.
In a decision published online today, the Final Court of Appeal sided with the government, reversing a High Court decision verdict stating that men were being treated in a discriminatory manner under the requirements.
Leung, a former legislator ousted for improper oath taking, brought the action in 2014 after being jailed for disorderly conduct at a 2011 protest. His well-known long locks were cropped during his stint behind bars.
Appealing the decision in January, the Correctional Services Department argued that male inmates had their hair cut short for reasons of security, conformity, health and cleanliness.
They also argued that long hair could be used to conceal prohibited items such as drugs, could be used to commit suicide with, and could even be used as a weapon.
In its decision, the court noted that “standard conventions in our society for hair length for men and women are also different.”
“Thus, in terms of these restrictions being a restraint imposed on inmates by reference to conventional standards in the society, there is no less favourable treatment between male and female inmates.”
The judges also noted the prison authorities were better placed than the courts to decide on issues of policy regarding “the significance of conformity in reformation and discipline.”
They also argued that, in the case, “the incursion to the right to equality (if any) is limited.”
