Hong Kong Case Law: Decisions & Judgments

Topic

Same‑sex marriage recognition

Legal area

Court

26 Nov 2024

THE HONG KONG HOUSING AUTHORITY v. LI YIK HO

Citation

[2024] HKCFA 29
Court

Court of Final Appeal
Case number

FACV3/2024

Same-sex couples lawfully married abroad are comparable to opposite-sex married couples for PRH and HOS purposes; Basic Law Articles 36 and 37 do not displace the equality protections of BL25 and BOR22 in this context; the HA failed Stages 3 and 4 of the proportionality test because it produced no empirical evidence to justify the total exclusion of same-sex married couples and the policies are disproportionate; accordingly the HA’s spousal policies as applied to same-sex married couples are unconstitutional and were correctly struck down by the courts below, and the appeals are dismissed.
26 Feb 2024

NG HON LAM EDGAR v. SECRETARY FOR JUSTICE

Citation

[2024] HKCA 184
Court

Court of Appeal
Case number

CACV558/2020

The Court granted leave because the questions raised are of great general or public importance, are inter-dependent, bear directly or indirectly on the constitutionality and lawfulness of the intestacy scheme under the IEO and IPO, and the grounds of appeal cannot be said to be unarguable; consequential orders as to costs were made.
6 Sept 2019

LEUNG CHUN KWONG v. SECRETARY FOR THE CIVIL SERVICE AND ANOTHER

Citation

[2019] HKCFA 34
Court

Court of Final Appeal
Case number

FACV8/2018

The Court held the Benefits Decision and the Tax Decision unlawfully discriminated against the appellant on grounds of sexual orientation contrary to Article 25 of the Basic Law and Articles 1 and 22 of the Hong Kong Bill of Rights; it quashed both decisions by certiorari, granted declaratory relief including a remedial interpretation of the Inland Revenue Ordinance to recognise same‑sex marriages for tax purposes and to read related gendered terms as gender‑neutral, permitted the 2nd respondent six months to implement the remedial interpretation, and ordered costs to the appellant to be paid…
24 Sept 2018

LEUNG CHUN KWONG v. SECRETARY FOR THE CIVIL SERVICE AND ANOTHER

Citation

[2018] HKCA 638
Court

Court of Appeal
Case number

CACV126/2017

The Court refused leave on Questions 1, 3(1) and 3(2) because those issues were not properly before the Court or had no reasonable prospect of success (noting the applicant's adoption of a contrary position before the Court); the Court granted leave on Questions 2 and 3(3) as reformulated concerning justification, rational connection and proportionality for determination by the Court of Final Appeal; costs were apportioned with the applicant ordered to pay HK$30,000.00 to the respondents.
1 Jun 2018

LEUNG CHUN KWONG v. SECRETARY FOR THE CIVIL SERVICE AND ANOTHER

Citation

[2018] HKCA 318
Court

Court of Appeal
Case number

CACV126/2017

The Court of Appeal held that (a) as a matter of statutory construction 'marriage' in IRO s2(1) refers to heterosexual marriage and the Commissioner was correct to refuse joint assessment on that basis; and (b) both the Secretary’s refusal to extend civil service spousal benefits to a same-sex spouse married overseas and the Commissioner’s refusal to treat that spouse as entitled to joint assessment are justifiable indirect distinctions because they pursue the legitimate aim of protecting the traditional institution and status of heterosexual marriage in Hong Kong (with substantial weight giv…
30 Apr 2018

ABN AMRO BANK N.V. AND OTHERS v. QT

Citation

[2018] HKCFA 17
Court

Court of Final Appeal
Case number

FACV1/2018

The Court refused leave to intervene because the Banks' and Law Firms' perspectives could be obtained from material already before the Court and QT's written case, and therefore would not materially assist; Amnesty International's draft submissions addressed matters not in issue or did not advance materially different arguments to QT, so intervention was not justified. The applications were dismissed and no order as to costs was made.
4 Dec 2017

QT v. DIRECTOR OF IMMIGRATION

Citation

QT v. DIRECTOR OF IMMIGRATION
Court

Court of Appeal
Case number

CACV117/2016

The Court of Appeal concluded that the three legal questions identified involve points of great general and public importance and therefore granted leave to appeal to the Court of Final Appeal; accordingly the appropriate forum to decide the contested legal issues is the Court of Final Appeal.
28 Apr 2017

LEUNG CHUN KWONG v. SECRETARY FOR THE CIVIL SERVICE AND ANOTHER

Citation

LEUNG CHUN KWONG v. SECRETARY FOR THE CIVIL SERVICE AND ANOTHER
Court

Court of First Instance
Case number

HCAL258/2015

The Secretary's decision to deny civil service spousal benefits to the applicant's overseas same-sex spouse constituted unlawful discrimination based on sexual orientation because the distinction, while framed as marital-status based, disproportionately and unjustifiably disadvantaged same-sex couples who cannot marry under Hong Kong law; by contrast, the Commissioner's Tax Decision correctly construed the IRO's statutory definition of "marriage" and did not engage or violate the equality right in the context of that statutory construction.