24 Aug 2009
TONG WAI TING v. SECRETARY FOR EDUCATION AND ANOTHER
- Citation
- TONG WAI TING v. SECRETARY FOR EDUCATION AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAL73/2009
Applicant failed to prove direct discrimination: the 18-year reference in ID schools is a planning trigger not an absolute bar, extensions are possible subject to vacancies and established criteria, and a proper comparator (mainstream Secondary 5 repeater) faces similar or greater constraints (quota/competition); misinterpretation of paragraph 12(c) does not assist applicant because paragraph 12(c) addresses a different subject matter and, on the evidence, was applied with a different purpose to non-ID special schools; legitimate expectation claims (substantive and procedural) do not establis…