Hong Kong opposition activist seeks judicial review after prison bans ‘obscene’ history book containing Birth of Venus image

When the friend collected the book a week later, he found a memo attached to the page where the painting was shown with a statement that said: “Nudity! Return!”

Chow’s lawyers said he had made his grievance known to the department, the ombudsman’s office and two lawmakers, including Reverend Canon Peter Koon Ho-ming, but had so far received little response.

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

“The book explores historical events across various areas and the author discusses at length philosophical ideas for the purpose of encouraging readers’ personal development,” the writ said.

“With respect, the book must serve to facilitate [inmates’] rehabilitation and is the polar opposite of what can be regarded as ‘otherwise detrimental to the rehabilitation of any of the prisoners in the prison’.”

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The lawyers contended the ban was a disproportionate restriction on Chow’s constitutionally protected rights arising from the commissioner’s failure to “appreciate the nature of the book and the historical and cultural background of the painting”.

The artwork, albeit displaying certain nudity, could not reasonably be viewed as obscene or capable of upsetting the custodial discipline of the detention centre, the writ added.

The department declined to comment.

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.

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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 books related to Buddhism.

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