Butterworths Hong Kong Discrimination Law Handbook, 3rd Edition

Comprehensive coverage of Discrimination Law in Hong Kong

About the book

Butterworths Hong Kong Discrimination Law Handbook - Third Edition is a detailed work of reference containing up to date materials on the Sex Discrimination Ordinance (Cap 480), Disability Discrimination Ordinance (Cap 487), Family Status Discrimination Ordinance (Cap 527) and Race Discrimination Ordinance (Cap 602). This Handbook reproduces the text of the Ordinances and provides succinct and easy to read section-by-section annotations to the Ordinances together with all relevant subsidiary legislation.

What's new in this edition

The Third Edition of this title features new case law and legislative updates pertaining to the below Ordinances. It also features a brand new Introductory Chapter that provides the reader with an overview of the legal landscape and development of Discrimination Law in Hong Kong. Along with this, there is detailed discussion of the principles and decisions in key landmark cases, an outline of the important role of the Equal Opportunities Commission, synopsis of the Discrimination Law Review and notes regarding the Discrimination Legislation (Miscellaneous Amendments) Bill 2018.

Sex Discrimination Ordinance (Cap 480)

• QT v Director of Immigration [2017] - The Court of Final Appeal ruled that same-sex couples who are lawfully married or in a civil partnership overseas are eligible for dependant visas, even though same-sex marriage / civil partnership is not recognised in Hong Kong.
• Leung Kwok Hung v Commissioner of Correctional Services [2018] - The adoption of conventional standards of appearance for inmates is not a discriminatory practice.
• Leung Chun Kwong Angus v Secretary for the Civil Service & Another [2017] - A landmark decision regarding spousal benefits for same-sex marriages.
• Yeung Chu Wing v Secretary For Justice HCAL 753/2017 [2019] - The High Court ruled that four key criminal offences were unconstitutional and repealed with immediate effect. Three further offenses were amended so that they are applied to individuals irrespective of sexual orientation.

Disability Discrimination Ordinance (Cap 487)

• Tan Shaun Zhi Ming v Euromoney Institutional Investor (Jersey) Ltd [2019] - While termination of an employment agreement by notice in lieu of payment was lawful, this does not determine the issue whether the Claimant’s dismissal was lawful or not under s.11(2)(c) of the Sex Discrimination
• Ordinance (Cap 480).

Family Status Discrimination Ordinance (Cap 527)

• Cheuk Kit Man v FWD Life Insurance Co. (Bermuda) Ltd & Ors [2018] - The Court of First Instance has jurisdiction to hear Sex Discrimination Ordinance claims in appropriate cases.

Race Discrimination Ordinance (Cap 602)

• Singh Arjun (by his next friend Singh Anita Guruprit) v Secretary for Justice & Anor - The Court held that the Race Discrimination Ordinance would apply to both the Government and the private sector.