High Court grants Tonyee Chow's judicial review on female inmates' summer attire

The High Court has granted activist Tonyee Chow Hang-tung the judicial review application to challenge the Correctional Services Department's regulation, which mandates that female inmates wear long pants during the summer. 

The regulation has been contested for being unconstitutional and gender-discriminatory.

Chow, the former vice chairman of the now-dissolved Hong Kong Alliance in Support of Patriotic Democratic Movements of China, has filed for a judicial review against the policy, contrasting it with the flexibility allowed to male inmates who can wear shorts.

Chow, who has been detained at the Tai Lam Centre for Women since September 2021, noted that male inmates can switch to shorts and short-sleeved shirts during the seasonal transition, whereas females are required to wear long pants during the hot summer months.

Chow's request to wear shorts was denied by the Correctional Services, which had led her to file the review.

The judicial review application argues that the policy constitutes gender discrimination and also violates Article 25 of the Basic Law.

She noted that according to the Hong Kong Observatory, there were more than 50 days of excessive heat between 2021 and 2023. Requiring female inmates to wear pants in such hot weather conditions is disregarding their health.

She urged the court to find that the provision was unconstitutional and is seeking a court order for the Correctional Services Department to abolish and amend this regulation.