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Discrimination
The importance of proof of the genuine reasons for dismissal in defending discrimination claims
The District Court has recently handed down a judgment against a logistics company (“Respondent”), for refusing to pay a former pregnant employee (“Claimant”) her year-end bonus and for not renewing her employment contract after she had informed the Respondent about her pregnancy. Background The Claimant…Read More
Hong Kong Court Awards Indemnity Costs to Employer in Discrimination Proceedings
Introduction We previously published two articles “Can and will an employee claiming discrimination be liable for legal costs if they lose?” and “Important points for making discrimination claims highlighted in a recent District Court case by a former student against a local university” which discuss…Read More
Transgender appellants win appeal in Q, Tse Henry Edward v Commissioner of Registration [2023] HKCFA 4
The Court of Final Appeal handed down a landmark ruling that a policy on HKID card amendment adopted by the Commissioner of Registration was unconstitutional. The Commissioner of Registration adopts a policy which requires individuals to have completed full sex reassignment surgery if they seek…Read More
Legal update: Dismissal of alleged sexual harasser held unlawful under Sex Discrimination Ordinance
Introduction Many employers may be aware of the risk of claims under the Sex Discrimination Ordinance (“SDO”) by employees who are subject to sexual harassment during their employment. In contrast, the legal risk that may arise due to any action taken by an employer against…Read More
Difficulties members of the LGBTIQ+ community face in the context of family law legislation and practice in Hong Kong
On Wednesday night, members of the Family Department had the pleasure of attending a talk by Tim Parker and Geoffrey Yeung of Denis Chang’s Chambers, hosted by the Hong Kong Family Law Association. The talk addressed some of the significant difficulties members of the LGBTIQ+…Read More
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
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
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
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
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
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
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
