‘Court’s ruling has the force of law’

July 15, 2025

Chief Executive John Lee:
In the case of Sham Tsz-kit v Secretary for Justice, the Court of Final Appeal (CFA) ruled that the Hong Kong Special Administrative Region Government has a positive obligation to establish an alternative framework for legal recognition of same-sex partnerships. The decision made by the CFA is final. The Hong Kong SAR Government cannot contravene the determination of the CFA, and must take appropriate follow-up action. 

The alternative framework now proposed by the CMAB, the Constitutional & Mainland Affairs Bureau, complies with the court's judgement. It was formulated by the CMAB after thorough research and full consideration of legal advice. I want to emphasise the following points. 

First, a lawful marriage in Hong Kong is between one man and one woman, and a monogamous and heterosexual marriage. 

Second, the CFA's judgement also affirms that the right to marriage protected under the Basic Law is limited to heterosexual marriage. 

Third, the CFA ruled that the Government has a positive obligation to establish an alternative framework for legal recognition of same-sex partnerships. The CFA's ruling has the force of law and is legally binding on the Government. The Government must not act in violation of the court's ruling. Otherwise, it will be against the rule of law. 

The rule of law is the cornerstone of Hong Kong's economy, investors' confidence, and its long-established success. Violating the rule of law will mean serious consequences. 

Fourth, under the Basic Law, the Hong Kong SAR Government is responsible for proposing and introducing bills. The Legislative Council (LegCo) is responsible for scrutinising, amending and voting to pass or reject bills. 

The fifth point - under the Basic Law, the Judiciary exercises independent adjudication power, whereas the LegCo exercises legislative power. Both of them perform their respective constitutional roles. The Hong Kong SAR Government respects the Judiciary and the LegCo in exercising their respective powers under the Basic law. 

The sixth point - the Hong Kong SAR Government will make every effort to facilitate the LegCo's scrutiny of the bill introduced by the CMAB, assist the LegCo in completing the scrutiny expeditiously, and respect the LegCo's final decision.

(To watch the full press briefing with sign language interpretation, click here.)

The Government has the obligation to establish an alternative framework for legal recognition of same-sex partnerships, following the final decision by the Court of Final Appeal (CFA) and the CFA’s ruling is legally binding.

Chief Executive John Lee made the statement in reply to reporters’ questions before attending an Executive Council meeting this morning.

“In the case of Sham Tsz-kit v Secretary for Justice, the Court of Final Appeal ruled that the Hong Kong Special Administrative Region Government has a positive obligation to establish an alternative framework for legal recognition of same-sex partnerships.

“The decision made by the CFA is final. The Hong Kong SAR Government cannot contravene the determination of the CFA, and must take appropriate follow-up action.”

Mr Lee emphasised that the CFA's ruling has the force of law and is legally binding on the Government, adding that the Government must not act in violation of the court's ruling.

Furthermore, the Chief Executive pointed out that under the Basic Law, the Government is responsible for proposing and introducing bills, while the Legislative Council’s duties are to scrutinise, amend, and vote to pass or reject the bills introduced by the authorities.

He stated that under the Basic Law, the Judiciary exercises independent adjudication power and LegCo exercises legislative power, with both of them performing their respective constitutional roles.

“The Hong Kong SAR Government respects the Judiciary and the LegCo in exercising their respective powers under the Basic law.”

In addition to noting that the alternative framework now proposed by the Constitutional & Mainland Affairs Bureau (CMAB) complies with the CFA’s judgement, Mr Lee explained that it was formulated by the CMAB after thorough research and full consideration of legal advice.

“The Hong Kong SAR Government will make every effort to facilitate LegCo's scrutiny of the bill introduced by the CMAB, assist LegCo in completing the scrutiny expeditiously, and respect LegCo's final decision,” he added.