Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Right to marry

  • 16 Jul 2013

    W v. THE REGISTRAR OF MARRIAGES

    Citation
    W v. THE REGISTRAR OF MARRIAGES
    Court
    Court of Final Appeal
    Case number
    FACV4/2012

    The words 'woman' and 'female' in s20(1)(d) Matrimonial Causes Ordinance and s40 Marriage Ordinance must be read to include a post-operative male-to-female transsexual person certified by an appropriate medical authority as having changed gender as a result of sex reassignment surgery; the appellant is therefore entitled to be treated as a woman and eligible to marry a man; declarations are to be suspended for 12 months to allow legislative response; costs awarded to the appellant with certificate for three counsel and taxation under the Legal Aid Regulations.

  • 13 May 2013

    W v. THE REGISTRAR OF MARRIAGES

    Citation
    W v. THE REGISTRAR OF MARRIAGES
    Court
    Court of Final Appeal
    Case number
    FACV4/2012

    Majority held that although the domestic statutes were originally construed to adopt Corbett’s biological criteria, those criteria are now too restrictive because they ignore psychological and social factors and post‑operative medical realities and therefore, as so construed, unconstitutionally impair the essence of the right to marry; the proper remedial interpretation is to read "woman"/"female" in MO s40 and MCO s20(1)(d) to include post‑operative male‑to‑female transsexual persons certified by appropriate medical authority, with declarations suspended for 12 months to permit legislative a…

  • 1 Mar 2012

    W v. REGISTRAR OF MARRIAGES

    Citation
    W v. REGISTRAR OF MARRIAGES
    Court
    Court of Appeal
    Case number
    CACV266/2010

    The Court granted leave to appeal to the Court of Final Appeal under section 22(1)(b) of the CFA Ordinance because the construction issue (whether "woman" and "female" in ss.21 and 40 of the Marriage Ordinance include a post-operative male-to-female transsexual) and the related constitutional issue (whether those provisions are unconstitutional under Article 37 Basic Law and/or Articles 19(2) and 14 of the Bill of Rights) are questions of sufficient general or public importance to warrant determination by the Court of Final Appeal.

  • 25 Nov 2011

    W v. REGISTRAR OF MARRIAGES

    Citation
    W v. REGISTRAR OF MARRIAGES
    Court
    Court of Appeal
    Case number
    CACV266/2010

    The Court held the Registrar did not misconstrue the Marriage Ordinance and related provisions: the words "woman" and "female" in the statutory context refer to biological sex determined at birth as reflected by Corbett which was given legislative recognition in Hong Kong; consequentially the Registrar's refusal was lawful and the provisions do not offend BL37, BOR19(2) or ICCPR23(2); any change to permit post-operative transsexuals to marry in acquired gender is a matter for the legislature.

  • 5 Oct 2010

    W v. REGISTRAR OF MARRIAGES

    Citation
    W v. REGISTRAR OF MARRIAGES
    Court
    Court of First Instance
    Case number
    HCAL120/2009

    The words 'man','woman','male' and 'female' in the Marriage Ordinance and related provisions do not, on proper interpretation, encompass post-operative transsexuals; Corbett represents the present state of the law here and redefinition would effect major social and legal change better left to the legislature; there was insufficient societal or ICCPR-state consensus to require expansion of the constitutional right to marry, so no infringement of article 37 Basic Law or article 19(2) Hong Kong Bill of Rights was found.