Sham Tsz Kit v. Secretary for Justice | |
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Court | Court of Final Appeal |
Decided | 5 September 2023 |
Citation | [2023] HKCFA 28 [1] |
Sham Tsz Kit v Secretary for Justice [2023] HKCFA 28 is a landmark Hong Kong Court of Final Appeal case which ruled that the right to form registered partnerships is guaranteed to same-sex couples by the right to privacy under Article 14 of the Bill of Rights.
By a 3–2 decision, the court directed the government to establish an alternative framework for the legal recognition of same-sex relationships, with equivalent rights and obligations to marriage, within two years of the ruling. However, the court also ruled that same-sex couples do not have a constitutionally guaranteed right to marry.
The Court of Final Appeal delivered its judgment on 5 September 2023, following an appeal hearing held on 28 to 29 June 2023.[1] Prior to this decision, the Court of First Instance and Court of Appeal each dismissed the judicial review.[2]
The government has not yet implemented the decision in legislation.