Hong Kong Case Law: Decisions & Judgments

Topic

Proportionality and margin of appreciation

Legal area

Court

1 Feb 2019

R v. COMMISSIONER OF REGISTRATION

Citation

[2019] HKCFI 295
Court

Court of First Instance
Case number

HCAL154/2017

The court upheld the Commissioners Policy and the challenged refusal decisions: given the broad and significant public interests that rely on the sex entry of identity cards, the completion of the specified sex reassignment surgery provides an objective, administrable criterion; applying a narrow margin of appreciation and a proportionality analysis the court concluded the Policy strikes a reasonable and fair balance between applicants private rights (privacy and physical integrity) and societal interests and is not unconstitutional or amounting to cruel, inhuman or degrading treatment in t…
1 Feb 2019

TSE HENRY EDWARD v. COMMISSIONER OF REGISTRATION

Citation

[2019] HKCFI 295
Court

Court of First Instance
Case number

HCAL189/2017

The court upheld the Commissioner’s Policy and the specific Challenged Requirements: requiring completion of the relevant SRS for a change of gender entry on an ID card is a lawful, proportionate and objectively ascertainable administrative criterion that legitimately pursues the public interest in the reliability and coherence of identity documents and related sex-specific public services; the restriction on rights is narrowly justified and does not amount to cruel, inhuman or degrading treatment because consent to SRS is capable of being free and informed and exceptions exist for medical in…
30 Apr 2018

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

Citation

[2018] HKCA 225
Court

Court of Appeal
Case number

CACV34/2017

The haircut policy did not amount to direct sex discrimination because, when relevant circumstances and conventional standards of appearance are properly considered and appearance restrictions examined as a package, male inmates were not treated less favourably than female inmates; any inequality is justifiable in the custodial context and, applying a deferential proportionality standard (manifestly without reasonable foundation), the Commissioner’s policy is lawful; appeal allowed and lower court order set aside.

Hong Kong Case Law

R v. COMMISSIONER OF REGISTRATION

TSE HENRY EDWARD v. COMMISSIONER OF REGISTRATION

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