Hong Kong Court Upholds Prison Dress Code in Discrimination Case

The Hong Kong Court of First Instance dismissed a sex discrimination challenge against the prison dress code on Tuesday. Judge Russell Coleman ruled that the different clothing requirements for male and female prisoners are justified due to their distinct circumstances. The case focused on the requirement for male prisoners to wear shorts during summer while female prisoners must wear long trousers.

The judicial review was initiated under Section 5 of the Sex Discrimination Ordinance, claiming that the differing dress code violated equality provisions. Judge Coleman found that the government’s approach is gender-specific, aiming to address the unique needs of female inmates. According to expert testimony provided by the government, female prisoners experience a greater expectation of privacy and heightened awareness regarding their physical appearance, which may lead to anxiety about unwanted attention.

The government’s expert also noted that long trousers could help enhance female prisoners’ self-esteem and cater to their expressed preference for this type of clothing, particularly given their sensitivity to cold temperatures. Consequently, Judge Coleman concluded that the dress code does not result in less favorable treatment for female inmates.

In addition to rejecting the discrimination claim, the court also dismissed other grounds of appeal. It stated that prisoners can request special clothing if the standard policies pose health concerns. The government welcomed the ruling, emphasizing its commitment to reviewing clothing policies while ensuring a secure and humane environment for all detainees.

Despite the ruling, Fernando Cheung, spokesperson for Amnesty Hong Kong, criticized the decision, stating, “Denying female inmates the opportunity to wear shorts in extremely high temperatures during the summer is neither humane nor respectful of their inherent dignity.”

This ruling follows a previous decision in 2020, where the Court of Final Appeal determined that requiring male prisoners to maintain short hair while allowing female prisoners to keep long hair constituted sex discrimination. Despite this ruling, the haircut policy for male prisoners remains unchanged, while the Correctional Services Department allows female prisoners to keep their hair at armpit length.

Currently detained activist Chow Hang-tung challenged the clothing policy in September 2024. Earlier, in April 2025, she filed another judicial review against the department’s decision to withhold four books related to the 1989 Tiananmen Square Incident. Chow later withdrew this challenge, citing the slim prospects of success after Chief Executive John Lee certified that the withholding was related to national security.

Chow has been in detention since September 2021 and, although the top court overturned her conviction for violating a national security data request in March 2025, she remains in custody. Her trial for incitement to subvert state power under the 2020 National Security Law is scheduled to begin on January 22, 2026.