and sex equally. The Court and the Government agreed and treated ‘sexual orientation’ as a status or classification. Thus, Article 1 and 22 of the Bill of Rights and Article 25 and 39 of the Basic Law would scrutinise and forbid any unjustified discrimination based on one's sexual orientation. Agreeing with Judge Hartmann, the Court of Appeal quoted his judgement, (Court of First Instance judgement, paragraphs 17-20; Court of Appeal judgement, paragraphs 43, 46-48) Issue 5: Should the courts let the legislature handle constitutional challenges on primary legislation? Holding: Depends; but for this particular case, no. Argument: The Government argued that whenever there would be constitutional challenges on primary legislation, the courts should follow the margin of appreciation doctrine and let the Legislative Council handle the matters. By pushing this argument forwards, the Government implied that the Legislative Council was in a better place to decide what was good or bad for the society; and thus, if the society believed that buggery under 21 for gay men should be condemned in order to fulfil the society's needs, then the courts should leave the matter for the Legislative Council to deal with. (Court of Appeal judgement, paragraph 52) Reasoning: In theory, the courts should always been impartial and independent from any interference. Judges were not elected through election, but the members of the Legislative Council were. Thus, the Legislative Council would be in a better position than the courts to determine what the society would need. The courts should recognise and appreciate that fact. Therefore, the courts should let the legislature deal with public policy. And this would be the margin of appreciation doctrine. Nonetheless, the margin of appreciation given to the legislative should not be unlimited. If there would be a clear infringement of rights based upon race, sex, or sexual orientation, the courts shall scrutinise the proposed justification with intensity. The courts were obligated to invalidate unconstitutional laws. Following the margin of appreciation doctrine, the courts should also always bear in mind of their roles to protect minorities from the excesses of the majority. Thus, courts should be provided evidence of acceptable justification for any infringement on fundamental rights. In this case, the Court was not persuaded there had been any acceptable justification for the infringement of the applicant's rights. (Court of Appeal judgement, paragraphs 52-55) Conclusion In conclusion, the Court of First Instance made the following declarations and