Hong Kong Case Law: Decisions & Judgments

Topic

Sexual orientation

Legal area

Court

20 Sept 2024

NURUL-AZIZAH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2024] HKCFI 2397
Court

Court of First Instance
Case number

HCAL932/2024

Leave to apply for judicial review was refused because the applicant failed to identify any legal error, procedural unfairness or irrationality in the Board's decision; the Board's factual findings were supported by evidence and country information showing state protection and internal relocation available, so there was no realistic prospect of success.
17 Oct 2023

INFINGER, NICK v. THE HONG KONG HOUSING AUTHORITY

Citation

[2023] HKCA 1178
Court

Court of Appeal
Case number

CACV81/2020

Court held HA Spousal Policies constitute differential treatment based on sexual orientation and are unlawful under BL25/BOR22 because HA failed to justify them under the four-step proportionality test: the measures lacked sufficient rational connection (HOS) and the HA produced no reliable evidence that exclusion materially advanced the asserted Family Aim or was necessary; BL36/37/145 arguments and administrative efficiency/coherence defenses did not justify the discrimination.
24 Mar 2006

LEUNG TC WILLIAM ROY v. SECRETARY FOR JUSTICE

Citation

LEUNG TC WILLIAM ROY v. SECRETARY FOR JUSTICE
Court

Court of Appeal
Case number

CACV317/2005

Leave was granted for the Equal Opportunities Commission to provide the services of counsel as amicus curiae because the court concluded that impartial assistance from the EOC could beneficially assist determination of issues with potential far‑reaching implications, there was precedent for such an order, no opposition from the parties, and the EOC preferred not to intervene; the court directed that costs of the application be in the cause and that the EOC be neither entitled to nor liable for costs.

Hong Kong Case Law

NURUL-AZIZAH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

INFINGER, NICK v. THE HONG KONG HOUSING AUTHORITY

LEUNG TC WILLIAM ROY v. SECRETARY FOR JUSTICE