Hong Kong Court Rules on Prison Uniform Policy

The High Court of Hong Kong has dismissed a judicial review challenge brought by an activist regarding the Correctional Services Department policy that bans female inmates from wearing shorts during summer months. Justice Russell Coleman announced the decision on Tuesday, asserting that the arguments presented lacked legal foundation.

The applicant, Chow Hang-tung, argued that the prohibition on shorts violated her right to equality. However, the court ruled that the women's standard prison uniform was carefully designed and that the policy did not constitute discrimination. This decision confirms the authority of the prison system to regulate inmate clothing standards.

High Court judge Russell Coleman issued a ruling on Tuesday regarding the legal challenge against the Hong Kong Correctional Services Department. The challenge was filed by Chow Hang-tung, a jailed activist, concerning the department's rule that prohibits female inmates from wearing shorts in the summer.

The judge determined that there was "little merit" in the argument that the department's clothing policy violated the right to equality. The court's position was that the existing uniform standards are appropriate for the prison environment.

The legal dispute centered on the specific regulations governing female inmate attire within the Hong Kong prison system. Under the existing rules, female inmates are restricted from wearing shorts, a policy that was the subject of the judicial review.

The court concluded that the women's standard prison uniform was carefully designed. This finding suggests that the uniform meets the necessary requirements for correctional facilities and that the ban on shorts is a deliberate component of the dress code rather than an arbitrary restriction.

The case represents a specific application of judicial review to administrative rules within the correctional system. Chow Hang-tung sought to overturn the clothing policy by claiming it infringed upon fundamental rights.

However, the High Court found that the department's regulations were justified. By ruling that the policy does not constitute discrimination, the court upheld the discretion of the Hong Kong Correctional Services Department to manage inmate appearance and uniform standards.

The dismissal of the judicial review affirms the current legal framework regarding prison administration in Hong Kong. The ruling by Justice Russell Coleman establishes that the prohibition on shorts for female inmates is valid under current equality laws.

As a result, the Hong Kong Correctional Services Department will continue to enforce the uniform policy as written. The court's decision emphasizes that standard prison uniforms are considered sufficient and non-discriminatory by the judiciary.