Read the full judgment text of CACV81A/2020 on BabelCite. This Court of Appeal judgment was delivered on 26 February 2024 before Poon CJHC, Barma JA, Au JA.
Civil procedure – leave to appeal – Court of Final Appeal – great general or public importance – same-sex marriage – public housing – discrimination – Basic Law – Hong Kong Court of Final Appeal Ordinance s.22(1)(b) – The Housing Authority sought leave to appeal against the Court of Appeal judgment that had dismissed its appeals and upheld findings that the PRH and HOS Spousal Policies discriminated against same-sex couples validly married overseas – The court granted leave, holding that the six questions posed by the Housing Authority raised issues of great general or public importance concerning the constitutional interpretation of BL36, BL25, BOR22, BL37, and BOR19, and the proportionality of the housing policies – The grounds were arguable – Leave granted with costs orders.
Legal issues: Leave to appeal to the Court of Final Appeal – great general or public importance
Outcome: Leave to appeal to the Court of Final Appeal granted to the respondents (Housing Authority) on the questions and grounds set out in the Notices of Motion.
Cites 3 cases