Discrimination

02Jul2021

Recognition of rights for same-sex partners and their children in Hong Kong

In a landmark ruling by the High Court last month the non-biological mother of two children born to her former same-sex partner was granted guardianship rights, joint custody and joint care and control of the children. The former couple had the children with the assistance…Read More

25Jun2021

High Court rules Housing Authority policy amounts to unlawful discrimination against same-sex spouses

In another step forward for same-sex rights in Hong Kong, the High Court today handed down a judgment confirming that the Housing Authority’s policy excluding same-sex married couples from their Home Ownership Scheme (“HOS”) amounts to unlawful discrimination on the ground of sexual orientation. The…Read More

14Apr2021

Legal update: Reimbursement of Statutory Maternity Leave Pay is now open for applications from employers

Statutory maternity leave was increased from 10 weeks to 14 weeks effective from 11 December 2020. The Labour Department has recently announced that employers can now apply for reimbursement of the statutory maternity leave pay paid to employees in respect of the 11th to 14th…Read More

03Mar2021

Working Mothers: Maternity Rights under Hong Kong Law

New mothers have many things to worry about. Those who are working can also face additional problems in terms of maternity rights and difficulties when returning to work. The law provides several protections for working mothers in such situations. Maternity Rights Under Hong Kong Law…Read More

18Sep2020

Legal update: Two equality rights cases ruled on by High Court on 18 September 2020

The High Court today handed down two decisions concerning same-sex rights in Hong Kong. Ng Hon Lam Edgar v Secretary for Justice [2020] HKCFI 2412 In the Judgment of the Honourable Mr Justice Anderson Chow, the High Court today ruled in favour of Mr Edgar…Read More

17Mar2020

Inland Revenue Department confirms same sex marriages recognised as valid for stamp duty purposes

Following enquiries from its members the Law Society on 10 March 2020 received confirmation from the Inland Revenue Department (“IRD”) that same sex marriages will be recognised by the IRD as valid marriages for the purposes of the Stamp Duty Ordinance (Cap. 117). Same sex…Read More

04Mar2020

Hong Kong’s High Court rules Government’s discrimination against same-sex couples in public housing policy unconstitutional

In a decision handed down today the High Court has ruled that the Hong Kong Housing Authority (“HA”)’s exclusion of same-sex couples from eligibility for public housing as “Ordinary Families” is unlawful and unconstitutional. Background Applications to the HA for public housing are available to…Read More

15Jan2020

Legal Update: Recent judgment revises guidance for amount of damages for injury to feelings in pregnancy discrimination case

The recent District Court decision of 秦秀清 v 長鴻鋁窗裝飾工程有限公司 (“Tsun”; DCEO3/2018) updated the starting point of the award of damages for injury to feelings in pregnancy discrimination cases and provided further guidance as to the factors which the Court may take into account in awarding…Read More

18Nov2019

Legal update: Can an employer be liable for disability discrimination without knowing the disability suffered by an employee?

It is not uncommon for the personal health situation of an employee to adversely affect his or her work performance. When this happens, however, the underlying reason may not always be immediately apparent or known to the employer. Despite this, the employer may have taken…Read More

06Jun2019

Legal update: Landmark decision by HK CFA to allow civil service spousal benefits and joint tax assessments to same sex couples

On 6 June 2019 Hong Kong’s Court of Final Appeal handed down a landmark unanimous decision allowing same sex couples to enjoy equal spousal benefits in civil service and to file joint tax assessments in Hong Kong. Facts The Appellant, Leung Chun Kwong, a Hong…Read More

30Nov2018

Legal update: What’s the problem with “gweilo” and various local slangs applied to certain ethnicities?

A discrimination claim was recently lodged with the District Court in Hong Kong by a British construction worker, against his former employer, after his employment was terminated, alleging he was racially harassed and treated less favourably by his employer and his colleagues because of his…Read More

25Oct2018

Legal update: UK Supreme Court held no discrimination by bakery shop not producing cake with “Support Gay Marriage” message

The recent judgment handed down by the UK Supreme Court in the case of Lee v Ashers Baking Company Ltd & Others [2018] UKSC 49 (“Lee”) provided some important guidance concerning direct discrimination and how other competing rights should be weighed. In Lee, Mr. Lee…Read More