Leung Kwok Hung also known as "Long Hair" v. Commissioner of Correctional Services

FAMV No. 56 of 2019

[2019] HKCFA 30

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 56 OF 2019 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACV NO. 34 OF 2017)

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Appeal Committee: Chief Justice Ma, Mr Justice Fok PJ and Mr Justice Chan NPJ

Date of Hearing and Determination: 13 August 2019

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DETERMINATION

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The Appeal Committee:

1.We grant leave to appeal on the following question of law:

"Whether the Standing Order 41-05 issued by the Commissioner of Correctional Services requiring all male prisoners but not female prisoners to have their hair cut 'sufficiently close' ('盡量剪短'):

(1)  constitutes direct discrimination under section 5(1)(a) of the Sex Discrimination Ordinance, Cap 480 ('SDO') and is therefore unlawful under section 38 of the SDO; and/or

(2)  is inconsistent with Article 25 of the Basic Law of the HKSAR and is therefore unconstitutional?"

2.The appeal will be heard on 18 February 2020.

Mr Hectar Pun SC and Ms Annie Leung, instructed by Ho Tse Wai & Partners, assigned by the Director of Legal Aid, for the Applicant

Mr Stewart Wong SC, instructed by the Department of Justice, for the Respondent