5 Sept 2023
SHAM TSZ KIT (岑子杰) v. SECRETARY FOR JUSTICE
- Citation
- [2023] HKCFA 28
- Court
- Court of Final Appeal
- Case number
- FACV14/2022
The Court unanimously held Questions 1 and 3 fail because BL37 read with BOR19(2) is a lex specialis guaranteeing marriage as an opposite-sex institution, so equality provisions cannot be construed to create a constitutional right to same-sex marriage or to recognition of foreign same-sex marriages. By majority the Court held BOR14 engages and can impose a positive obligation: the absence of any legal recognition of stable same-sex relationships constitutes an arbitrary or unlawful interference with privacy and family and thus the Government is in breach of its positive obligation to establis…