Hong Kong High Court grants opposition activist permission to challenge prison ban on ‘obscene’ book containing The Birth of Venus image

The hearing is likely to be held between March and May next year.

Chow’s lawyers earlier complained in their court filing that the commissioner of correctional services had violated his freedom of expression by restricting access to artistic material while on remand at Lai Chi Kok Reception Centre.

In early September, the centre received a request by a friend of Chow, 26, for him to receive the book, which contained an image of the famed painting by Italian Renaissance artist Sandro Botticelli.

Prison guards returned the book to the sender and attached a memo to the page where the painting was shown, with a statement that said: “Nudity! Return!”

Hong Kong activist in legal bid after prison bans ‘obscene’ Birth of Venus book

Counsel submitted that neither the book nor The Birth of Venus, one of the world’s most celebrated artworks, could have been perceived as encouraging violence or disorder or threatening “the security, good order and discipline” of the facility.

The ban constituted an excessive restriction on Chow’s constitutionally protected rights, the lawyers argued, as they attributed the mistake to the commissioner’s failure to “appreciate the nature of the book and the historical and cultural background of the painting”.

The department declined to comment when contacted by the Post.

Chow was among 47 opposition figures charged with conspiracy to subvert state power by plotting to paralyse the government and topple the city’s leader via an unofficial Legislative Council primary in 2020.

Thirty-one defendants have chosen to admit liability and are awaiting sentence pending a verdict on the remaining 16, including Chow, who denied the allegations.

Hong Kong national security police arrest jailed activist and his 2 lawyers

Chow and one of his legal advisers were charged in late October for allegedly taking a complaint letter away from prison without permission. That case will be heard again in late January.

Chow has accused the prison service of obstructing him from filing a complaint to the ombudsman about officers’ refusal for him to receive two Buddhism-related books.

The department denied the allegations, saying they were “pure fiction”.