26 Nov 2024
THE HONG KONG HOUSING AUTHORITY v. INFINGER, NICK
- Citation
- [2024] HKCFA 29
- Court
- Court of Final Appeal
- Case number
- FACV2/2024
BL36 does not immunise pre-1997 social welfare entitlements from equality scrutiny under BL25 and BOR22; same-sex couples lawfully married overseas are comparable to opposite-sex married couples for PRH and HOS allocation; the HA's spousal policies discriminated on the basis of sexual orientation and failed the proportionality analysis (stages 3 and 4) because the HA produced no empirical evidence to justify the absolute exclusion and the measures were disproportionate and unjustified, therefore the policies are unlawful and invalid.