Hong Kong Case Law: Decisions & Judgments

Topic

Sex discrimination ordinance s.35

Legal area

Court

22 Dec 2000

SECRETARY FOR JUSTICE OTHERS v. CHAN WAH AND OTHERS

Citation

SECRETARY FOR JUSTICE OTHERS v. CHAN WAH AND OTHERS
Court

Court of Final Appeal
Case number

FACV13/2000

Village representatives engage in the conduct of public affairs under Article 21(a) of the Bill of Rights; excluding longstanding non-indigenous villagers from voting or candidacy on the ground they are not patrilineal indigenous descendants is an unreasonable restriction inconsistent with Article 21(a) and, in Po Toi O, the arrangements also breached the Sex Discrimination Ordinance; Article 40 does not protect a derivative exclusive political right for indigenous villagers that would override these statutory and constitutional protections; accordingly the Secretary is bound not to approve p…
26 Jan 2000

CHAN WAH v. HANG HAU RURAL COMMITTEE AND OTHERS

Citation

CHAN WAH v. HANG HAU RURAL COMMITTEE AND OTHERS
Court

Court of Appeal
Case number

CACV137/1999

Village representative elections are public affairs because District Offices and the Secretary for Home Affairs play a substantive role; exclusion of non-indigenous villagers from voting or candidature lacks lawful justification and breaches ICCPR/Bill of Rights (Article 21/25) as incorporated by Basic Law Article 39 and Basic Law Article 26, and certain election arrangements also breach s.35 of the Sex Discrimination Ordinance; accordingly the declarations below were justified and the appeals are dismissed (with the re-election order in one case set aside).
26 Jan 2000

TSE KWAN SANG v. PAT HEUNG RURAL COMMITTEE AND ANOTHER

Citation

TSE KWAN SANG v. PAT HEUNG RURAL COMMITTEE AND ANOTHER
Court

Court of Appeal
Case number

CACV278/1999

The Court held that elections of village representatives are public affairs given governmental involvement and the political role of village representatives; therefore ICCPR Article 25 (via Bill of Rights/Basic Law Article 39) and Basic Law Article 26 apply. Excluding non-indigenous villagers from voting or standing in village elections, and the sex/marital status distinctions identified, were unlawful and discriminatory (including contrary to Sex Discrimination Ordinance s.35). The Secretary for Home Affairs (and District Officers) must ensure approval of successful candidates is exercised c…
26 Jan 2000

TSE KWAN SANG v. PAT HEUNG RURAL COMMITTEE AND ANOTHER

Citation

TSE KWAN SANG v. PAT HEUNG RURAL COMMITTEE AND ANOTHER
Court

Court of Appeal
Case number

CACV279/1999

Village representative elections in the New Territories are public affairs for the purposes of the ICCPR/Bill of Rights and Basic Law because of the public role of village representatives, the active involvement of District Offices and the Secretary for Home Affairs approval power; exclusion of non-indigenous permanent residents from voting or candidacy in village elections, and electoral arrangements that differentiate by sex or marital status, are unlawful because they contravene the ICCPR rights incorporated by Article 39 of the Basic Law (Article 21/25), Basic Law Article 26 and s.35 of t…

Hong Kong Case Law

SECRETARY FOR JUSTICE OTHERS v. CHAN WAH AND OTHERS

CHAN WAH v. HANG HAU RURAL COMMITTEE AND OTHERS

TSE KWAN SANG v. PAT HEUNG RURAL COMMITTEE AND ANOTHER

TSE KWAN SANG v. PAT HEUNG RURAL COMMITTEE AND ANOTHER