6 Sept 2019
LEUNG CHUN KWONG v. SECRETARY FOR THE CIVIL SERVICE AND ANOTHER
- Citation
- [2019] HKCFA 34
- Court
- Court of Final Appeal
- Case number
- FACV8/2018
The Court held the Benefits Decision and the Tax Decision unlawfully discriminated against the appellant on grounds of sexual orientation contrary to Article 25 of the Basic Law and Articles 1 and 22 of the Hong Kong Bill of Rights; it quashed both decisions by certiorari, granted declaratory relief including a remedial interpretation of the Inland Revenue Ordinance to recognise same‑sex marriages for tax purposes and to read related gendered terms as gender‑neutral, permitted the 2nd respondent six months to implement the remedial interpretation, and ordered costs to the appellant to be paid…