HKSAR Civil Service Bureau 香港特別行政區公務員事務局
Leung Chun Kwong v Civil Service & Inland Revenue
HK Court of Final Appeal, 6-Jun-2019
In a victory for common sense, Mr Leung, a gay man legally married overseas, wins. The CFA unanimously overturns the Court of Appeal, which found that the "prevailing views of the community on marriage" was relevant. In a nutshell, the whole point of prohibiting discrimination against minorities is to prevent the majority view (if there is one) from trampling over their rights. The CFA also held that there was no rational connection between denying Leung his employment benefits and joint taxation and protecting the institution of heterosexual marriage (if that is a legitimate aim).
HK Court of Final Appeal, 6-Jun-2019
In a victory for common sense, Mr Leung, a gay man legally married overseas, wins. The CFA unanimously overturns the Court of Appeal, which found that the "prevailing views of the community on marriage" was relevant. In a nutshell, the whole point of prohibiting discrimination against minorities is to prevent the majority view (if there is one) from trampling over their rights. The CFA also held that there was no rational connection between denying Leung his employment benefits and joint taxation and protecting the institution of heterosexual marriage (if that is a legitimate aim).
Leung Chun Kwong v Secretary for the Civil Service & another
| SDO Section 7
HK Court of Appeal, 1-Jun-2018
The CA overturns the CFI decision granting Mr Leung benefits for his same-sex partner/spouse and upholds the decision denying him joint assessment for tax. The bigger question, regardless of sexual orientation, is this: why does the Government grant benefits based on marital status in the first place, and is that legal? The Sex Discrimination Ordinance, Section 7(1), prohibits discrimination based on marital status. Employees of equal rank and performance should not have different value of remuneration based on marital status. Mr Leung's complaint was that he did not qualify for discriminatory treatment in favour of married people, but why is there any such discrimination?
HK Court of Appeal, 1-Jun-2018
The CA overturns the CFI decision granting Mr Leung benefits for his same-sex partner/spouse and upholds the decision denying him joint assessment for tax. The bigger question, regardless of sexual orientation, is this: why does the Government grant benefits based on marital status in the first place, and is that legal? The Sex Discrimination Ordinance, Section 7(1), prohibits discrimination based on marital status. Employees of equal rank and performance should not have different value of remuneration based on marital status. Mr Leung's complaint was that he did not qualify for discriminatory treatment in favour of married people, but why is there any such discrimination?
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