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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?