17 Jan 2017
LEUNG KWOK HUNG also known as “LONG HAIR” v. COMMISSIONER OF CORRECTIONAL SERVICES
- Citation
- LEUNG KWOK HUNG also known as “LONG HAIR” v. COMMISSIONER OF CORRECTIONAL SERVICES
- Court
- Court of First Instance
- Case number
- HCAL109/2014
The court held SO 41-05 and the Decision constitute direct sex discrimination under section 5 of the SDO and are unlawful under section 38 because the standing order imposes less favourable treatment on male prisoners solely on the basis of sex; reliance on generalized or stereotyped assumptions about male prisoners is insufficient to avoid liability and the statutory necessity defence under section 38(2)(b) was rejected; accordingly a declaration of unlawfulness was ordered with implementation deferred to allow the Commissioner to respond.