LEUNG KWOK HUNG ALSO KNOWN AS "LONG HAIR" V. COMMISSIONER OF CORRECTIONAL SERVICES

[2020] HKCFA 37 Court of Final Appeal 27 November 2020 • FACV8/2019 • 40 min read

15 cases cited (0 SG, 15 foreign)

Practice Areas

Basic Law Hong Kong Bill of Rights Ordinance Sex Discrimination Ordinance

Judges (5)

Chan Coram Fok Coram Lord Collins of Mapesbury Coram Ma Coram Ribeiro Coram

Counsel (8)

Department of Justice Firm Ho Tse Wai & Partners Firm Annie Leung Counsel Appellant Anson Wong Yu Yat Counsel Appellant Hectar Pun Counsel Appellant Jin Pao Counsel Respondent John Leung Counsel Respondent Stewart Wong Counsel Respondent

Parties (2)

Commissioner of Correctional Services Respondent Leung Kwok Hung Appellant

Summary

Leung Kwok Hung ('Long Hair') challenged the Commissioner of Correctional Services' hair-cutting policy for male prisoners as discriminatory under the Sex Discrimination Ordinance. The Court of Final Appeal considered the appropriate test for discrimination and its application to the differential hair-length rules for male and female prisoners. The appeal was allowed, with the Court finding the policy constituted unlawful sex discrimination.

Statutes Cited

Basic Law

Art 25 Art 39

Hong Kong Bill of Rights Ordinance (Cap 383)

s 9

Sex Discrimination Ordinance

s 5(1)(a)

Cases Cited (15)

UK (12)

[1989] 1 AC 1155 [1990] 2 AC 751 [2000] 1 AC 501 [2004] UKHL 55 [2005] 2 AC 1 [2005] UKHL 37 [2006] 1 AC 173 [2006] 1 WLR 3213 [2009] UKSC 15 [2010] 2 AC 728 [2011] EWHC 1452 [2013] EWHC 687

HK (3)

(2000) 3 HKCFAR 459 (2018) 21 HKCFAR 324 [2001] 2 HKLRD 690

Judgment

Read the full judgment on the official Hong Kong Courts portal.

Read on HKLII

Source: HKLII ([2020] HKCFA 37)