HK top court urges government to create legal framework for same-sex couples

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09/05/2023

Hong Kong’s Court of Final Appeal (HKCFA) on Tuesday ruled that the government had breached its rights under the Hong Kong Bill of Rights Ordinance by failing to set up a framework to legally recognize the rights. But the court dismissed part of an appeal to recognize same-sex marriages, including overseas unions. This is the first time that Hong Kong’s Court of Final Appeal has directly address the case of same-sex marriage. As part of the judgment, the court made a declaration that it was unconstitutional of the government not to have alternative means for the legal recognition of same-sex relationships – such as civil unions – and that it had to provide such frameworks.

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