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.