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In Leung Chun Kwong v Secretary for the Civil Service and Commissioner of Inland Revenue [2019] HKCFA 19, the Hong Kong Court of Final Appeal unanimously delivered its second landmark ruling in favour of the LGBT+ community in less than 12 months, following the decision in QT v Director of Immigration [2018] HKCFA 28 in July 2018 (our alert on the QT decision can be found here).

The court affirmed that same-sex couples who are legally married overseas (same-sex marriage is not currently lawful in Hong Kong) are entitled to the same spousal employment and tax benefits enjoyed by heterosexual married couples.

Employers are advised to review their internal policies regarding the provision of spousal benefits to ensure that they are compliant. This latest decision would be of particular interest to employers who frequently hire employees from overseas.

Please feel free to share the alert with your colleagues who might also be interested in the topics raised in this newsletter.

If you have any questions on the topics covered or need further clarification on any particular issue, please do not hesitate to get in touch with your usual contact at Baker McKenzie, or any of the lawyers listed opposite.

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