Leung Chun Kwong v Secretary for the Civil Service and Commissioner of Inland Revenue  HKCA 318.
The Hong Kong Court of Appeal has handed down judgment in a case brought by a civil servant in a same sex marriage who was seeking equivalent benefits to those afforded (opposite sex) couples whose marriages are recognised in HK. Mr Leung married in New Zealand where same sex marriage is recognised. The case raised “for the first time in [HK] .. legal history, the very important question if a differential treatment purportedly based on marital status can be justified by the aim of protecting the institution of marriage as understood in Hong Kong.” The Court of Appeal held that depriving employment related benefits and the right to a joint tax assessment tax benefits was justified by the need to protect and not undermine the status of marriage.
Mr Leung was represented by Karon Monaghan QC, Nigel Kat QC and Azan Marwah instructed by Daly, Ho and Associates.
To view the judgment in full please see here.
For a copy of the press release from Daly, Ho and Associates, please see here.