17 Oct 2023
INFINGER, NICK v. THE HONG KONG HOUSING AUTHORITY
- Citation
- [2023] HKCA 1178
- Court
- Court of Appeal
- Case number
- CACV81/2020
Court held HA Spousal Policies constitute differential treatment based on sexual orientation and are unlawful under BL25/BOR22 because HA failed to justify them under the four-step proportionality test: the measures lacked sufficient rational connection (HOS) and the HA produced no reliable evidence that exclusion materially advanced the asserted Family Aim or was necessary; BL36/37/145 arguments and administrative efficiency/coherence defenses did not justify the discrimination.