HONG KONG LAW
( From Fetish Fashion , Hong Kong )
Our thanks must go to the marvellous people who have supported through our troubles. So many of you around the world have kept in touch, offered practical help and reminded us that the fight was for so much more than the right to have a party.
In Western Magistracy on August 19th Magistrate Alan Wyeth found us not guilty of the charge of keeping a disorderly house and not guilty of managing an objectionable public performance.
Fetish Fashion Trial
June 13th saw
the beginning of the month long trial in Hong Kong of three people in connection
with a Fetish Fashion BDSM play party. Fortunately we were fully acquitted of
all charges in a landmark trial.
What Price Freedom?
On August 11th 2001 a play party at Fetish Fashion was raided by the Hong Kong police. Twenty six people were arrested and held for ten hours before being released on bail. After three months in November 2001 twenty three of those people were released without charge. A total of twenty four charges were laid against myself, Decima, my manager and my husband to which we pleaded not guilty.
- Keeping a disorderly house ( 1 count )
- Managing an objectionable public
performance (seven counts )
After various court appearances trial was eventually set down for June 13th 2002.
- Fetish Fashion Play Parties have never involved any performance, as those of you have attended will know.
- All parties are held in the privacy of the playrooms, behind closed doors with no access for the general public.
Why Bother to Go to Trial?
"Why didn't you plead guilty and get it all over with?" ask a few people. I could never consider this. I have worked hard to build a community here in Hong Kong, one where people can feel at ease with who they are and the sensitivities they have. A place where like minded people can meet, and exchange views. People come to discuss their feelings in an atmosphere of acceptance and emotional safety. Our gatherings allowed a social outlet, an opportunity to learn and a chance to be part of this special community. Being part of a minority interest doesn't mean that you have to feel lonely and unsure about yourself. BDSM is a need, not a want.
I feel I must stand for
the rights of those who cannot stand.
Acceptance and Empowerment
I believe that every human being should have the right to be at peace with their nature. We are made in an infinite variety of ways. Our tastes are different and our needs are individual but we share a need to be accepted. The family at Fetish Fashion provides this acceptance and through this acceptance comes empowerment.
Being part of a minority interest doesn't mean that you have to feel lonely and unsure about yourself. BDSM is a need, not a want.
What's the Cost?
There's a cost of defending oneself and a cost for not doing it. If things are to change it is action, not inaction that will do it. The costs are both emotional and monetary but how much greater the cost of knowing that you have not stood for what you believe in.
Offers of Help
The worldwide BDSM community has been generous in its practical support, after all what happens in one part of the world affects what happens in others. Skin 2 Magazine in UK has been especially helpful, devoting editorials to our trial and keeping in close contact for updates. Locally, people have supported us with practical help, contacts and research.
But it's not all from people within the BDSM scene. We have received countless messages from people who are concerned about the situation even though they are not practitioners. For all this we are very grateful.
Legal costs estimated at $3,000,000
Some people have wanted to help our legal fight with donations and to enable this we have created the
Would you like to learn more about how you can help in this way? Click here
The Charges
Disorderly House 1751
The definition of a "disorderly house" was first given in the Disorderly Houses Act 1751, Section 2 . Here it is stated that,"any house, room, garden or other place kept for public dancing, music, or other public entertainment of the light kind in the City of London and Westminster or within 20 miles thereof, without a licence , shall be deemed a disorderly house or place. "
The original definition of "disorderly house" included "fighting of cocks, boxing, playing at cudgels and misbehaving themselves" as well as "lewd and immoral persons assembled for the purpose of unnatural practices."
Keeping a "disorderly house" is a common law offence. A disorderly
house is defined as
"one which is not regulated by the restraints of morality and which is so conducted as to violate law and good order. Where indecent performances or exhibitions are alleged as rendering the premises a disorderly house, it must be proved that matters are there performed or exhibited of such a character that their performance or exhibition in a place of common resort
(a) amounts to an outrage of public decency, or
(b) tends to corrupt or deprave, or
(c) is otherwise calculated to injure the public interest so as to call for condemnation and punishment"
Objectionable Public Performance
Public Place
"public place" includes all piers, thoroughfares, streets, roads, lanes, alleys, courts, squares, archways, waterways, passages, paths, ways and places to which the public have access either continuously or periodically whether the same are the property pf the Crown or of private persons."
