17 Oct 2023
NG HON LAM EDGAR v. THE HONG KONG HOUSING AUTHORITY
- Citation
- [2023] HKCA 1178
- Court
- Court of Appeal
- Case number
- CACV362/2021
The Court dismissed the HA’s appeals and affirmed the lower courts: married same‑sex couples in valid foreign marriages are proper comparators to opposite‑sex married couples for the purposes of PRH and HOS spousal eligibility; the HA’s Spousal Policies amount to differential treatment on the prohibited ground of sexual orientation and the HA failed to justify that differential treatment under the four‑step test (insufficient evidence of material benefit to the 'Family Aim', absence of rational connection in the HOS context, and lack of necessity); BL36/BL37/BL145 do not exclude review under…