Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Gender identity

  • 23 Jul 2025

    K v. SECRETARY FOR ENVIRONMENT AND ECOLOGY AND ANOTHER

    Citation
    [2025] HKCFI 3170
    Court
    Court of First Instance
    Case number
    HCAL646/2022

    Regulations 7 and 10 of the PCCBR, properly construed as drawing the line by reference to biological sex at birth (and insofar as they operated by reference to the HKID gender marker), disproportionately infringe Basic Law Article 25 and Hong Kong Bill of Rights Articles 1(1), 14 and 22; no viable remedial construction was available that would cure the constitutional defect without usurping legislative/policy functions, therefore the provisions are declared unconstitutional and struck down, with the operative declaration suspended for 12 months to permit the Government to respond.

  • 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.