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.