|
Sham Tsz Kit V Secretary For Justice
''Sham Tsz Kit v Secretary for Justice'' 023HKCFA 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. Prior to this decision, the Court of First Instance and Court of Appeal each dismissed the judicial review. The government has not yet implemented the decision in legislation. Background Jimmy Sham Tsz-kit is a Hong Kong permanent resident and a political acti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Final Appeal (Hong Kong)
The Hong Kong Court of Final Appeal (HKCFA or CFA) is the final appellate court of Hong Kong. It was established on 1 July 1997, upon the establishment of the Hong Kong Special Administrative Region, replacing the Judicial Committee of the Privy Council as the highest judicial institution under Hong Kong law. As defined in Articles 19 and 85 of the Basic Law of Hong Kong, the Court of Final Appeal "exercises judicial power in the Region independently and free from any interference." The Hong Kong Court of Final Appeal Ordinance and the Hong Kong Court of Final Appeal Rules set out the detailed functions and procedures of the court. The court meets in the Court of Final Appeal Building located in Central, Hong Kong. Role of the court From the 1840s to 30 June 1997, Hong Kong was a British Dependent Territory, and the power of final adjudication on the laws of Hong Kong was vested in the Judicial Committee of the Privy Council in London. The power to exercise sovereig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Right To Privacy
The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy. On 10 December 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR), originally written to guarantee individual rights of everyone everywhere; while ''right to privacy'' does not appear in the document, many interpret this through Article 12, which states: "No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks." Since the global surveillance disclosures (2013–present), global surveillance disclosures of 2013, initiated by ex-NSA employee Edward Snowden, the right to privacy has been a subject of international debate. Government ag ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hong Kong Bill Of Rights Ordinance
The Hong Kong Bill of Rights Ordinance (HKBORO), often referred to as the Hong Kong Bill of Rights, is Chapter 383 of the Laws of Hong Kong, which transposed the International Covenant on Civil and Political Rights so that it is incorporated into Hong Kong law. Background The Government of the United Kingdom ratified the International Covenant on Civil and Political Rights (ICCPR) on 20 May 1976. The ICCPR was extended to British Dependent Territories, including Hong Kong, in the same year. Continued application of the ICCPR in the Hong Kong Special Administration Region was stipulated in the Sino-British Joint Declaration and Article 39 of the Basic Law. After the 1989 Tiananmen Square protests and massacre in the summer of 1989, the Hong Kong Bill of Rights Ordinance was intended to restore the shattered confidence of the people of Hong Kong in their future. Amidst growing urges in society on giving effect to rights in the ICCPR in the domestic law of Hong Kong, the Hong ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jimmy Sham
Jimmy Sham Tsz-kit ( zh, t=岑子杰; born 29 June 1987) is a Hong Kong pro-democracy and LGBT rights activist. He served as a convener for the pro-democracy organisation Civil Human Rights Front (CHRF) until October 2020 and serves as a secretary for the LGBT rights organisation Rainbow of Hong Kong. He is a longtime member of the League of Social Democrats. In 2019 he was elected to the Sha Tin District Council by residents of Lek Yuen constituency, but he resigned from this position in July 2021 amidst a government crackdown on pro-democracy councillors. Biography Sham grew up in a single-parent family and completed secondary school in 2006. He worked as a legislative assistant for a period after graduating from secondary school. He later joined Rainbow Action, a member organisation of Civil Human Rights Front that advocates for LGBT rights. He started assisting with CHRF's work in 2008, hosting events and managing affairs with human and police rights. He occupied Conn ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2020 Hong Kong National Security Law
The Hong Kong national security law, officially the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region is a national law of China on Hong Kong national security passed in 2020. It is implemented in Hong Kong in accordance to Hong Kong Basic Law Article 18, which allows for Chinese laws to be valid in Hong Kong if they are included in Annex III. It was formulated under the authorization of the National People's Congress decision on Hong Kong national security legislation. The law was passed on 30 June 2020 by the Standing Committee of the National People's Congress as a means of resolving the 2019–2020 Hong Kong protests, anti-extradition bill protests instigated by a 2019 Hong Kong extradition bill, Hong Kong local bill proposed in 2019 to enable Extradition law in China, extradition to other territories including the mainland, and came into force the same day. Among others, the national security law estab ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Purposive Approach
The purposive approach (sometimes referred to as purposivism, purposive construction, purposive interpretation, or the modern principle in construction) is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (a statute, part of a statute, or a clause of a constitution) within the context of the law's purpose. Purposive interpretation is a derivation of mischief rule set in ''Heydon's Case'', and intended to replace the mischief rule, the plain meaning rule and the golden rule. Purposive interpretation is used when the courts use extraneous materials from the pre-enactment phase of legislation, including early drafts, hansards, committee reports, and white papers. The purposive interpretation involves a rejection of the exclusionary rule. Israeli jurist Aharon Barak views purposive interpretation as a legal construction that combines subjective and objective elements.Barak, Aharon. ''Purposive Interpretation In Law''. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lex Specialis
''Lex specialis'', in legal theory and practice, is a doctrine relating to the interpretation of laws and can apply in both domestic and international law contexts. The doctrine states that if two laws govern the same factual situation, a law governing a specific subject matter (''lex specialis'') overrides a law governing only general matters (''lex generalis''). The situation ordinarily arises with regard to the construction of earlier-enacted specific legislation when more general legislation is later passed. However, then, the doctrine called "lex posterior derogat legi priori" may also apply, the younger law overriding the older law. It can be assumed that the legislators planned to override the previous legislation. There is also a view that conflicts of norms should be avoided by a systematic interpretation. The principle also applies to construction of a body of law or single piece of legislation that contains both specific and general provisions. The name comes from the fu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hong Kong Basic Law
The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China is a national law of China that serves as the organic law for the Hong Kong Special Administrative Region (HKSAR). Comprising nine chapters, 160 articles and three annexes, the Basic Law was composed to implement Annex I of the 1984 Sino-British Joint Declaration. The Basic Law was enacted under the Constitution of China when it was adopted by the National People's Congress on 4 April 1990 and came into effect on 1 July 1997 when Hong Kong was transferred from the United Kingdom to China. It replaced Hong Kong's colonial constitution of the Letters Patent and the Royal Instructions. Drafted on the basis of the Joint Declaration, the Basic Law lays out the basic policies of China on Hong Kong, including the " one country, two systems" principle, such that the socialist governance and economic system then practised in mainland China would not be extended to Hong Kong. Instead, Ho ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Covenant On Civil And Political Rights
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. It was adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966 and entered into force 23 March 1976 after its thirty-fifth ratification or accession. , the Covenant has 173 parties and six more signatories without ratification, most notably the People's Republic of China and Cuba; North Korea is the only state that has tried to withdraw. The ICCPR is considered a seminal document in the history of international law and human rights, forming part of the International Bill of Human Rights, along with the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR). Complia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
LGBT Rights In Hong Kong
Lesbian, gay, bisexual, transgender ( LGBT) persons in Hong Kong (a special administrative region of China), may face legal challenges not experienced by non-LGBT residents. History After the 1967 decriminalisation of homosexuality in the United Kingdom, there were moves to undertake a similar reform in Hong Kong. Governor Murray MacLehose privately supported gay rights but he and others felt that the local community would not support decriminalisation. For a bibliographic overview of Hong Kong LGBT history, see Towards Full Citizenship = 向光明. Legality of same-sex sexual activity As a British colony, Hong Kong's criminal laws against male homosexual acts were initially a reflection of British law, with a maximum sentence of life imprisonment. During the 1970s and 1980s, there was a public debate about whether or not to reform the law in line with human rights principles. As a result, in 1991 the Legislative Council agreed to decriminalise private, adult, non-commerc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Recognition Of Same-sex Unions In Hong Kong
Hong Kong does not recognise same-sex marriages or civil unions. However, same-sex couples are afforded limited legal rights as a result of several court decisions, including the right to apply for a spousal visa, spousal benefits for the partners of government employees, and guardianship rights and joint custody of children. On 5 September 2023, the Hong Kong Court of Final Appeal ordered the government in ''Sham Tsz Kit v Secretary for Justice'' to introduce a legal framework allowing same-sex civil unions. Opinion polls show that support for same-sex marriage is rising in Hong Kong, with a 2023 survey estimating that 60% of residents supported same-sex marriage. Immigration, tax and inheritance rights Same-sex couples in Hong Kong have access to various limited legal benefits and rights as a result of several court decisions. These include the right to apply for a spousal visa, spousal benefits for the partners of government employees, inheritance, and guardianship rights ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hong Kong LGBT Rights Case Law
Hong may refer to: Places *Høng, a town in Denmark * Hong Kong, a city and a special administrative region in China *Hong, Nigeria *Hong River in China and Vietnam *Lake Hong in China Surnames *Hong (Chinese name) *Hong (Korean name) Organizations *Hong (business), general term for a 19th–20th century trading company based in Hong Kong, Macau or Canton *Hongmen (洪門), a Chinese fraternal organization Creatures *Hamsa (bird), a mythical bird also known was hong *Hong (rainbow-dragon) ''Hong'' or ''jiang'' () is a two-headed dragon in Chinese mythology, comparable with rainbow serpent legends in various cultures and mythologies. Chinese "rainbow" names Chinese has three "rainbow" words, regular ''hong'' , literary ''didong'' , ..., a two-headed dragon in Chinese mythology * ''Hong'' (genus), a genus of ladybird {{disambiguation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
.jpg "Click for more on -> 2020 Hong Kong National Security Law")
