[2020] HKCFA 37, LEUNG KWOK HUNG ALSO KNOWN AS "LONG HAIR" V. COMMISSIONER OF CORRECTIONAL SERVICES - Appeal allowed

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

Citation influence

HKLII records this judgment as cited by 10 later judgments. This counts every later Hong Kong judgment that references this case, which is broader than the resolved citations listed above.

[2022] HKDC 77 District Court

18 January 2022

[2022] HKDC 622 District Court

24 June 2022

[2020] HKDC 1179 區域法院

21 December 2020

[2025] HKDC 1616 District Court

23 September 2025

[2025] HKCFI 1369 Court of First Instance

7 April 2025

[2023] HKCFI 595 Court of First Instance

16 March 2023