Chow gets to put heat on prison pants rule

Wallis Wang

The high court has granted permission for a legal challenge against the Correctional Services Department's policy requiring female inmates to wear long trousers during the summer heat.

That came after activist Tonyee Chow Hang-tung filed an application for a judicial review with the court on Friday, claiming the policy is unconstitutional and gender discriminatory, as male prisoners are permitted to wear shorts.

Judge Russell Coleman said yesterday that he would allow Chow's judicial review; however, the case has not yet been scheduled, according to the judiciary's website.

Chow, 39, is currently in custody awaiting trial on an inciting subversion charge under the national security law due to her role as the former vice chairman of the now-dissolved Hong Kong Alliance in Support of Patriotic Democratic Movements of China.

In her writ, Chow said she has been remanded at the Tai Lam Centre for Women since September 10, 2021.

Under the department's policy, female inmates are required to wear short-sleeved tops and trousers made of thick material similar to winter clothing, while male inmates are allowed to wear shorts.

Chow said she asked welfare officers at the prison on July 26 if she could wear shorts or thinner pants during the summer, but her request was denied.

On August 1, she made the request again to another welfare officer, who promised to bring the issue to senior management.

However, on August 13, she was informed that all female inmates must wear long trousers due to varying ages and skin allergies among the inmates.

Chow then suggested the department could allow inmates with special needs to wear long trousers voluntarily, rather than imposing a blanket mandate on all female prisoners, but she said she received no response.

According to statistics from the Hong Kong Observatory, there are over 50 extremely hot days each year, and Chow argued that the department failed to consider the needs of female inmates.

She expressed concern that the policy could jeopardize the health of female inmates and is requesting the court to overturn the department's decision or amend the policy.

Chow said the policy violates the Basic Law, the Hong Kong Bill of Rights Ordinance, prison rules and the Sex Discrimination Ordinance, as male and female inmates live in similar conditions, yet only men are allowed to wear shorts.

She added that the requirement contravenes the United Nations Standard Minimum Rules for the Treatment of Prisoners, which stipulates that "every prisoner who is not allowed to wear his or her own clothing shall be provided with an outfit of clothing suitable for the climate and adequate to keep him or her in good health."