HKU CCPL Talk:
Sham Tsz Kit v. Secretary for Justice:
A New Chapter for Same-Sex Couples in Hong Kong
Date: 8 November 2023 (Wednesday)
Time: 9:45 am – 3:30 pm
Venue: Academic Conference Room, 11/F, Cheng Yu Tung Tower, HKU (in-person only)
Abstract:
On 5th September 2023, the Court of Final Appeal (CFA) reached a decision in the case of Sham Tsz Kit v. Secretary for Justice (STK), addressing the rights of same-sex couples. The CFA ruled that the relationships of gay men and lesbians must be recognised under the law, and required the government provide a legal framework for the protection of same-sex couples within two years. Concurrently, the CFA established the neutrality of the Basic Law with regard to same-sex marriage, which is neither mandated nor prohibited by the HKSAR “mini-constitution”. This judgement has been immediately recognised as a landmark achievement for the LGBTQI+ community and a further step in the case law of Hong Kong courts towards a more equal society.
This seminar is dedicated to discussing the STK decision and will be comprised of two sessions: the morning panel brings together legal practitioners and community activists who will operate the new system when it is introduced, those who have been involved in the challenges to the previous system, as well as those who have been helping people affected by the current system. In the afternoon, local and international academics will explore the doctrinal, socio-legal, and comparative aspects of the decision.
Event Programme
9:45am Welcoming Remarks
10:00am – 12:00noon Morning Panel: A View from Legal Practice
• Kelley Loper, The University of Hong Kong (Chair)
• Azan Marwah, Barrister, Pantheon Chambers
• Jerome Yau, Co-Founder Hong Kong Marriage Equality
• Nicholas Hemens, Consultant, Haldanes
• Suen Yiu Tung, Chinese University of Hong Kong
• Mark Daly, Partner, Daly & Associates
1:30pm – 3:30pm Afternoon Panel: Theoretical, Constitutional, and Comparative Questions
• Stefano Osella, The University of Hong Kong (Chair)
• Po Jen Yap, The University of Hong Kong
• Kelley Loper, The University of Hong Kong
• Robert Wintemute, King’s College London
• Cora Chan, The University of Hong Kong
Prior registration is required for this hybrid event. Please register at
https://hkuems1.hku.hk/hkuems/ec_regform.aspx?guest=Y&ueid=91068.