18 Oct 2019
MK v. GOVERNMENT OF HKSAR
- Citation
- [2019] HKCFI 2518
- Court
- Court of First Instance
- Case number
- HCAL1077/2018
BL 37 and BOR 19, read with the domestic statutory scheme, protect the right to heterosexual marriage only; general rights cannot be used to create a constitutional right to same-sex marriage where a lex specialis does not confer it; the Government is not under a judicially enforceable positive obligation to create an alternative statutory scheme (civil unions/registered partnerships) conferring the same rights as marriage; accordingly the judicial review is dismissed.