Leave Granted to appeal to the Court of Final Appeal against the Judgment in [2022] HKCA 1247 on the recognition of overseas same-sex marriages
On 10 November 2022, leave was granted to appeal to the Court of Final Appeal against the judgment of the Court of Appeal in [2022] HKCA 1247 on the following questions:
“1. Whether the exclusion of same-sex couples from the institution of marriage constitutes a violation of the right to equality enshrined in Article 22 of the Hong Kong Bill of Rights (“BOR22”) and Article 25 of the Basic Law of the HKSAR (“BL25”)?
2. Whether the laws of Hong Kong (including the Marriage Ordinance, Cap 181), in so far as they do not allow same-sex couples to marry and fail to provide any alternative means of legal recognition of same-sex partnerships (such as civil unions or registered partnerships), constitute a violation of the right to privacy enshrined in BOR14 and/or the right to equality enshrined in BOR22 and BL25?
3. Whether the laws of Hong Kong, in so far as they do not recognise foreign same-sex marriage, constitute a violation of the right to equality enshrined in BOR22 and BL25?”
The Court considered that the above questions are of great general public importance that ought to be determined by the Court of Final Appeal. The case was heard before the panel of the Court of Final Appeal on 28 June 2023 and is pending Judgment.
Our firm instructed Mr. Karon Monaghan KC, Mr. Hectar Pun SC and Mr. Anson Wong in this case and our Associate Gardenia Kwok and trainee Venisa Wai handled the case.
