27 Oct 2023
SHAM TSZ KIT (岑子杰) v. SECRETARY FOR JUSTICE
- Citation
- [2023] HKCFA 31
- Court
- Court of Final Appeal
- Case number
- FACV14/2022
The majority held there is no constitutional right to same-sex marriage nor obligation to recognise foreign same-sex marriages, but there is a positive obligation under Article 14 of the Hong Kong Bill of Rights to establish an alternative legal framework (such as registered civil partnerships or civil unions) to provide appropriate rights and obligations for same-sex relationships; the Court declared the Government in violation, suspended operation for two years to permit legislative compliance, and granted liberty to apply with specified costs orders.