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.