Hong Kong Case Law: Decisions & Judgments

Topic

Spousal benefits

Legal area

Court

6 Jun 2019

LEUNG CHUN KWONG v. SECRETARY FOR THE CIVIL SERVICE AND ANOTHER

Citation

[2019] HKCFA 19
Court

Court of Final Appeal
Case number

FACV8/2018

A same-sex married couple contracting a marriage lawfully abroad are in a relevantly analogous position to an opposite-sex married couple for purposes of spousal employment and tax benefits; the respondents conceded differential treatment but failed the justification test because restricting spousal benefits and joint tax assessment to marriages recognised under Hong Kong law is not rationally connected to the legitimate aim of protecting the institution of heterosexual marriage; therefore the Benefits Decision and the Tax Decision could not be justified and amounted to unlawful discriminatio…
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…
11 Sept 2017

LEUNG CHUN KWONG v. SECRETARY FOR THE CIVIL SERVICE AND ANOTHER

Citation

LEUNG CHUN KWONG v. SECRETARY FOR THE CIVIL SERVICE AND ANOTHER
Court

Court of First Instance
Case number

HCAL258/2015

The court granted the 1st respondent's application to extend the time for the taking of effect of any order to the final resolution of the appeal because the appeal was reasonably arguable, the Court of Appeal hearing was expedited minimizing delay, the Judgment's implementation would have wide administrative consequences and risk confusion if overturned, and the applicant had delayed in seeking leave; the Revised Undertaking offered by the 1st respondent was accepted as adequate; costs of the summons were ordered to be in the cause of the Appeal.

Hong Kong Case Law

LEUNG CHUN KWONG v. SECRETARY FOR THE CIVIL SERVICE AND ANOTHER

LEUNG CHUN KWONG v. SECRETARY FOR THE CIVIL SERVICE AND ANOTHER

LEUNG CHUN KWONG v. SECRETARY FOR THE CIVIL SERVICE AND ANOTHER