prior to this case, the age of consent for homosexual men was 21 but not for heterosexual or lesbian couples, which was 16. any gay man engaging in buggery with another man under 21 could be sentenced to life imprisonment, based on the provisions contained in the "crimes ordinance". in 2004, mr leung, the applicant, a 20-year-old gay man, applied for leave for judicial review without being arrested or prosecuted. in his application, mr leung complained that the "crimes ordinance" discriminated against him based upon his sexual orientation and interfered with his private life by forbidding him to give physical expression to other gay men and, thus, making him unable to develop long-lasting relationships. the consequences were low self-esteem, loneliness, and sense of marginalisation.