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…