MK V. DIRECTOR OF LEGAL AID

[2024] HKCFA 17 Court of Final Appeal 20 June 2024 • FACV8/2023 • 4 min read

5 cases cited (0 HK, 5 foreign)

Practice Areas

Judicial Review & Immigration

Judges (5)

Fok Coram Lam Coram Lord Phillips of Worth Matravers Coram Ribeiro Coram Tang Coram

Counsel (3)

Department of Justice Firm Jimmie K.S. Wong & Partners Counsel Applicant John Cheung Counsel Unknown

Parties (3)

Director of Legal Aid Interested Party Registrar of High Court Respondent Mk Applicant

Summary

MK appealed regarding the Director of Legal Aid's refusal to grant legal aid for proceedings challenging the pre-operative surgical requirement for changing the sex marker on identity documents. The Court of Final Appeal considered the proper approach to legal aid in constitutional cases and the scope of the means and merits tests. The appeal addressed important questions about access to justice for transgender persons.