Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Equality/discrimination challenge
  • 22 Jul 2010

    HANG SENG BANK LTD v. TSANG CHIU WA AND ANOTHER

    Citation
    HANG SENG BANK LTD v. TSANG CHIU WA AND ANOTHER
    Court
    District Court
    Case number
    DCCJ3365/2008

    The court held the statutory exemption of banks from parts of the Money Lenders Ordinance does not violate Article 25 Basic Law or Article 22 Bill of Rights because the differential treatment pursues legitimate aims (protecting financial stability and the linked exchange rate and avoiding undue restriction on banking operations), is rationally connected to those aims and is no more than necessary given the banks' regulatory framework; accordingly there was no arguable defence and summary judgment was warranted for the plaintiff with interest and costs.