Sham Tsz Kit v Secretary for Justice

Sham Tsz Kit v. Secretary for Justice
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.