Hong Kong Case Law: Decisions & Judgments

Topic

Equal protection

Legal area

Court

27 Nov 2020

LEUNG KWOK HUNG also known as "LONG HAIR" v. COMMISSIONER OF CORRECTIONAL SERVICES

Citation

[2020] HKCFA 37
Court

Court of Final Appeal
Case number

FACV8/2019

Standing Order 41-05 constitutes direct sex discrimination under SDO s5(1)(a) because it treats male prisoners less favourably than female prisoners; the respondent failed to show a reasonable connection between the differential haircut rule and the asserted custodial discipline/security objectives and relied on unsupported assertions about conventional societal standards amounting to stereotyping; therefore the differential treatment is unlawful under the SDO.
30 Sept 2016

LAW CHI YUEN (formerly known as LAW O KI) BY WONG SIN HIS NEXT FRIEND v. SECRETARY FOR EDUCATION

Citation

LAW CHI YUEN (formerly known as LAW O KI) BY WONG SIN HIS NEXT FRIEND v. SECRETARY FOR EDUCATION
Court

Court of First Instance
Case number

HCAL91/2011

The Decision to exclude intellectual disability schools from eligibility for full‑time NETs was unlawful because it amounted to direct discrimination under s6(a) of the DDO: the SAME English curriculum adopted by the applicant's school was not materially different in nature from the mainstream English curriculum for the purposes of comparison, the Secretary treated the applicant less favourably by denying a full‑time NET while mainstream/non‑ID schools received NETs, and the Secretary's offered peripatetic support did not amount to equivalent treatment. The Decision is quashed and remitted fo…
24 Aug 2005

LEUNG TC WILLIAM ROY v. SECRETARY FOR JUSTICE

Citation

LEUNG TC WILLIAM ROY v. SECRETARY FOR JUSTICE
Court

Court of First Instance
Case number

HCAL160/2004

The challenged provisions discriminate against homosexual men and arbitrarily interfere with private, consensual sexual autonomy; the differentiation (higher age limit and deeming provisions) lacks an objective, reasonable and proportionate justification and therefore contravenes Basic Law equality rights and the Hong Kong Bill of Rights; accordingly declarations of inconsistency are warranted and the deeming provisions must be struck down or read down as appropriate.
22 Jun 2001

EQUAL OPPORTUNITIES COMMISSION v. DIRECTOR OF EDUCATION

Citation

EQUAL OPPORTUNITIES COMMISSION v. DIRECTOR OF EDUCATION
Court

Court of First Instance
Case number

HCAL1555/2000

The court found that separate gender scaling, gender banding and fixed gender quotas in the SSPA operate by reason of sex to produce less favourable treatment of individual students and therefore constitute direct discrimination under s5(1)(a); the Director failed to justify those measures under s48 because they are settled, institutionalised and not appropriately temporary or minimally impairing and fail the proportionality/rational‑connection necessity tests; declaratory relief was granted and liberty to apply for further relief and costs.
16 Mar 1995

R. v. MA KWOK MING

Citation

R. v. MA KWOK MING
Court

Court of Appeal
Case number

CACC451/1994

The appeal was dismissed as incompetent for want of jurisdiction: no statute confers upon the Court of Appeal power to hear appeals against a refusal to award costs to an acquitted accused, inherent jurisdiction does not supply such appellate power, and the Bill of Rights (including article 22) does not create that jurisdiction; prior precedent (R. Wong Hing Yuk) affirmed this position.
25 Mar 1993

The Commissioner of Inland Revenue, Hong Kong v. Lee Lai Ping

Citation

The Commissioner of Inland Revenue, Hong Kong v. Lee Lai Ping
Court

District Court
Case number

DCMP896/1990

Sections 75(3) and (4) are not inconsistent with Articles 10 and 22 because tax assessments are administrative acts subject to merits review before the Board of Review and other statutory appeal routes satisfy Article 10; therefore the Defence is struck out and judgment entered for the Commissioner for HK$229,845. Section 77 is inconsistent with Article 10 because it permits an ex parte stop order founded solely on the Commissioner’s certificate with no judicial discretion or merits hearing, and the Direction is therefore discharged.

Hong Kong Case Law

LEUNG KWOK HUNG also known as "LONG HAIR" v. COMMISSIONER OF CORRECTIONAL SERVICES

LAW CHI YUEN (formerly known as LAW O KI) BY WONG SIN HIS NEXT FRIEND v. SECRETARY FOR EDUCATION

LEUNG TC WILLIAM ROY v. SECRETARY FOR JUSTICE

EQUAL OPPORTUNITIES COMMISSION v. DIRECTOR OF EDUCATION

R. v. MA KWOK MING

The Commissioner of Inland Revenue, Hong Kong v. Lee Lai Ping