Features Message from the In This Issue Secretary for Justice

The Department of Justice is excited to present Features the inaugural issue of "Justice in Focus", a new HK Legal Week 2019...... 01 publication for sharing with the international and Vision 2030 for the Rule of Law...... 04 local communities our work and our continuous HK Arbitration Week ...... 05 efforts in delivering our pledge - "Rule of Law and Investment Law and Investor State Mediator Training ...... 05 Justice for All". Public Consultation on the CISG ...... 06 Online Dispute Resolution Developments under APEC ...... 08 In this inaugural issue, you will find news about the major activities and events organised by the What's New? Department or attended by our officers around the Legal Updates...... 09 world from late 2019 to early 2020. You will also find New Legislation for Fighting COVID-19 ...... 1O updates on the initiatives of the Department and relevant legislative or policy proposals discussed at Global and Mainland Connections the Legislative Council. We hope you enjoy reading DOJ Global and Mainland Connections Map...... 12 Justice in Focus. International Forum on Electronic Apostille Programme ...... 13 Participation as Third Party in WTO Hearing in Geneva ...... 14 th Justice in Focus is availableonline at www.doj.gov.hk. For AALCO58 Annual Session...... 14 Secretary for Justice TeresaCheng delivering her welcoming remarks at the 3'' UNCITRAL Asia-Pacific Judicial Summit the Department's upcoming events and a wealth of Combating Money Laundering & Counter-financing of Terrorism ...... 15 th other information about Hong Kong's legal services, 12 ASEAN-China Prosecutors-General Conference...... 16 HONG KONG LEGAL WEEK 2019 you can visit www.legalhub.gov.hk. North-East Asian Multistakeholder Forum on Sustainable Development Goals ...... 17 SJ· s Duty Visit to Guangzhou...... 18 INCLUSIVE, INFORMATIVE, Department of Justice Hosts Seminars in Beijing ...... 19 INNOVATIVE AND INTERACTIVE Prosecuting Waste Crimes...... 19 Editorial Board HK-Zhuhai-Macao Bridge Visit...... 20 Aspiring to achieve the four "I" s - to be inclusive, informative, members of international organisations with experience and • Audrey Parwani (Prosecutions Division) innovative and interactive - the inaugural Hong Kong Legal expertise in international trade and private international law. • Jane Tang (International Law Division) Week was held from 4 to 8 November 2019 comprising three • Jasmin Cheung (Board Chairperson) Community Connections significant events: the 3'd UNCITRAL Asia-Pacific Judicial Themed "Deal-making and Dispute Resolution in the Digital nd • Jenny Law (Legal Policy Division) Staff Club Campaign to Combat COVID-19 ...... 21 Summit 2019, the 32 LAWASIA Annual Conference and the Economy: The Role of the Judiciary," the summit was • Liz Wong (Administration and Development Division - also inaugural Hong Kong Mediation Lecture. officially opened by Permanent Judge of the Court of Final Board Secretary) • Samuel Lee (Civil Division) Knowledge and Skill THE 380 UNCITRAL ASIA-PACIFIC • Wallance Ng (Law Drafting Division) Enhancement Programmes JUDICIAL SUMMIT Oxford Advanced Management and Leadership Programme ...... 22 Hong Kong Legal Week was launched at the UNCITRAL Asia­ Middle Temple Advocacy Course ...... 22 Pacific Judicial Summit, a biennial event held in Hong Kong Special thanks to: Attachment to Beijing Justice Bureau ...... 23 for the third time and jointly organised by the Department of • Elizabeth Grindey (Law Drafting Division) National Studies Courses ...... 23 Justice, the United Nations Commission on International Trade • General TranslationUnit Law (UNCITRAL) and the Asian Academy of International Law. • Manuel Ng (Law Drafting Division) - Cover Design Attracting more than 150 participants from over 25 jurisdictions • Olivia Kong (Public Relations and Information Unit) Useful Information to Hong Kong, the summit brought together an international • Patrick Chan (Information and TechnologyManagement Unit) Notable Judgments...... 25 community of eminent members of the judiciary, the legal Justice Andrew Cheung delivering his welcoming remarks at the 3'' profession and academia, leaders from the private sector and UNCITRAL Asia-Pacific Judicial Summit

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Features Features VISION 2030 HK ARBITRATIONWEEK INVESTMENT LAW AND Arbitration is growing in popularity as a flexible, efficient and INVESTOR-STATE FOR THE RULE OF LAW confidential way to resolve disputes outside the courts. Often This year, the Department of Justice has embarked on "Vision used in international commercial disputes, arbitration results MEDIATOR TRAINING 2030 for the Rule of Law" (Vision 2030), a visionary 10-year in a legally binding and enforceable award, while avoiding the initiative to enhance and strengthen the rule of law in Hong traditional, more expensive route of litigation. Kong and to promote the rule of law in this region and beyond. To promote the development of international arbitration in This initiative shows our support for the Sustainable Asia, each year the Hong Kong International Arbitration Centre Development Goals (SDGs) under the United Nations' 2030 (HKIAC) hosts Hong Kong Arbitration Week - a global platform Agenda for Sustainable Development. The Agenda, including for distinguished members of the arbitration community to Prof. Jack J Coe Jr at the Hong Kong Legal Week Mediation Lecture its 17 SDGs, adopted by the General Assembly of the United address important issues in arbitration. Nations in 2015, aims to address global challenges, including poverty, inequality, climate change, environmental degradation, The 8th Hong Kong Arbitration Week - held from 20 to 25 October THE INAUGURAL HONG KONG peace and justice. The 17 SDGs are interconnected, with the 2019 - was the largest to date, with 23 events over six days MEDIATION LECTURE rule of law being a pillar for its successful implementation. In attended by more than 680 participants from 40 jurisdictions. The Hong Kong Mediation Lecture, held on 5 November 2019, particular, Target16.3 of Goal 16 aims to promote the rule of law Each year the international profile of Hong Kong Arbitration Week was the first of a series of annual lectures featuring prominent and ensure equal access to justice for all. has risen, and this year Mainland China, India, Russia, Germany and distinguished experts on topical issues in the field of Secretary for Justice Teresa Cheng delivering a speech at the opening and the United States were represented for the first time. ceremony mediation to promote the use of mediation and further the Through professional exchanges, research and capacity development of inclusive dispute resolution. building with stakeholders, it is hoped that Vision 2030 can At the flagship event of the Week, "HKIAC's ADR in Asia The Investment Law and Investor-State Mediator Training co­ The inaugural lecture was presented by Professor Jack J strengthen the Hong Kong community's understanding of the Conference", Secretary for Justice Te resa Cheng SC organised by the Department of Justice, the International Centre Coe Jr (pictured above) of Pepperdine Law School, the USA, concept of the rule of law and its implementation, enhance the announced the launch of a review by the Law Reform for Settlement of Investment Disputes and the Asian Academy whose sharing of insights into the benefits and challenges development of the rule of law internationally, and safeguard Commission of outcome-related fee arrangements for of International Law was held from 28 October to 3 November of combining mediation with arbitration was enthusiastically Hong Kong's prosperity, stability and sustainable development. arbitration in Hong Kong. She also spoke of the establishment 2019. received. of a sub-committee to review the current legal framework and To take forward the initiative, a Task Force with a membership of make recommendations. World-renowned trainers were invited to share their knowledge HONG KONG LEGAL WEEK: WAYFORWARD locally and internationally renowned experts has been set up to and expertise at the one-week training, held for the second time The inaugural Hong Kong Legal Week was an enormous success advise the Department on the implementation of Vision 2030. The Secretary for Justice also gave an update on the following the success of the 2018 course. Investment law is a with participating legal experts from over 30 jurisdictions. It Arrangement Concerning Mutual Assistance in Court-ordered branch of law consisting of a set of rules that regulate foreign provided a valuable occasion for international collaboration and For more information, please visit https://www.doj.gov.hk/ Interim Measures in Aid of Arbitral Proceedings by the Courts direct investment and the resolution of disputes between foreign synergy in pursuit of the common goals of strengthening the rule eng/public/vision2030.html, and read the Opening Remarks of the Mainland and of the Hong Kong Special Administrative investors and sovereign states. of law and promoting access to justice for a better and more of the Secretary for Justice on "2019 Policy Initiatives of the Region, which came into force on 1 October 2019. inclusive society. Department of Justice" at the panel meeting on Administration The course gathered some 40 participants from around the of Justice and Legal Services of the Legislative Council on 27 The Arrangement allows Hong Kong to be the first and only world, including government officials as well as legal and Going forward, Hong Kong Legal Week will be held annually in April 2020. jurisdiction outside the Mainland where parties to arbitral mediation practitioners from the Mainland, ASEAN, the Middle the first week of November, during which a series of international proceedings administered by eligible arbitral institutions can East and Africa. events in various legal fields will take place in Hong Kong, apply to Mainland courts for interim measures. Now, interim providing an opportunity for dialogue and closer cooperation measures - such as preservation of evidence (e.g. not The training is one of the Department's initiatives to develop among legal professionals and organisations from around the destroying a document) and property (e.g. freezing assets) - Hong Kong into a training base for building up a team of world. can be granted to parties to Hong Kong-seated arbitration. mediators specialised in handling international investment disputes in Asia. The upcoming Hong Kong Legal Week 2020 will be held from It is expected that this game-changing Arrangement will benefit 2 to 6 November 2020, featuring a number of international legal parties from all over the world, as well as enhance Hong Kong's events including the inaugural Rule of Law Congress, North­ attractiveness as a centre for alternative dispute resolution. East Asia Multistakeholder Forum on Sustainable Development Goals 2020, the 2nd Hong Kong Mediation Lecture, Case Looking forward, Hong Kong's arbitration community will be Settlement Conference and Mediation Conference. The well-placed to help in resolving any disputes arising from the Department's "Vision 2030 for the Rule of Law" initiative will also increased commercial activity generated by the Belt and Road be officially launched during Hong Kong Legal Week 2020. Initiative and the development of the Greater Bay Area.

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WHAT IS THE CISG? The CISG is a multilateral treaty which provides uniform rules '' The Convention was prepared out of recognition that legal on the essential aspects of the international sale of goods, disparities concerning contracts of sale of goods increase including: transactioncosts on the one hand but also increase the difficulty - contract formation of settling disputes as theyarise later on. Because typically in - respective obligations of the buyer and seller such a situation the adjudicator .. . would have to determine - remedies for breach of the sales contract. first which law, substantive national law, would apply to that transaction... thecourt willthen have to discoverand determine The purpose of the CISG is to provide a modern, uniform and the content of that law. And this is a process that typically fair regime for cross-boundary sale of goods contracts. This helps to introduce certainty in commercial exchanges and results in protracted litigation and delay in disputesettlement... decrease transaction costs. So in order to facilitate transactions and to make the outcome of litigation more smooth and predictable, the Convention was In particular, the CISG applies to contracts for the sale of goods developed. .. , , between parties whose places of business are in different States, when (a) the States are Contracting States, or (b) the UNCITRAL Head of the Legislative Branch rules of private international law lead to the application of the Jose Angelo Estrella Faria law of a Contracting State. MORE ABOUT THE CISG To enable the business and legal sectors to have a better understanding of the CISG and the proposed application, International Law Division colleagues However, Article 95 of the CISG allows a State to declare at the 1.The text of the CISG was developed by UNCITRAL. conducted two briefing sessions titled "The CISG in Hong Kong - What good is it for my business?" in January 2020 time of the deposit of its instrument of ratification, acceptance, 2.The CISG is intended to be equally authentic in its six official approval or accession that it will not be bound by the provision language versions (Arabic, Chinese, English, French, Spanish in CISG which provides for (b) above (i.e. Article 1 (1)(b)). and Russian). 3.The fundamental principles underlying the CISG include: PUBLIC CONSULTATIONON APPLYING China has made this declaration pursuant to Article 95. In party autonomy, promotion of good faith in international trade, addition, parties to a contract for the sale of goods may opt out preservation of contract and mitigation of damages. THE UN CONVENTION ON CONTRACTS of the CISG entirely or deviate from particular provisions to meet their specific needs. The exception is that the parties cannot FOR THE INTERNATIONALSALE OF GOODS TO HKSAR derogate from or vary Article 12, which states that provisions allowing freedom of form for the creation, modification or In March, the Department of Justice launched its public CISG CONFERENCE termination of a contract of sale do not apply where the consultation on the proposed application of the United Nations To provide a timely opportunity for all involved in cross­ Contracting State in question has made a declaration under Convention on Contracts for the International Sale of Goods boundary sales of goods to share insights and exchange views Article 96. (CISG) to Hong Kong SAR. The consultation will run until 30 on the impact of the CISG on global trade, a conference to September 2020. th commemorate the 40 anniversary of the CISG will be held in According to UNCITRAL, as at 1 April 2020, the CISG has 93 the last quarter of this year, organised by the Department of Contracting States from diverse legal traditions and levels of While China is a Contracting Party to the CISG, the CISG is Justice in collaboration with the United Nations Commission on economic development, which together represent over two­ currently not applicable to Hong Kong. In preparation for the International Tr ade Law (UNCITRAL) and the Asian Academy of thirds of the global economy, and cover, among others, 12 of public consultation, the Department conducted a study on the International Law. Hong Kong· s current top 20 trading partners - Mainland China, proposed application, covering: the USA, Japan, Singapore, South Korea, Vietnam, Germany, - the CISG· s salient features We welcome views, comments and suggestions on any issues Switzerland, the Netherlands, France, Italy and Australia. - the interplay between the CISG and relevant Hong Kong law raised in the consultation paper. Final recommendations will be - the economic and legal considerations for extending the CISG drawn up after the Department has considered the responses to Hong Kong to the consultation. - subject to the results of the consultation, the proposed application and implementation of the CISG in Hong Kong.

Details of the study can be found in the consultation paper. For the full set of consultation documents, as well as information and resources related to the CISG, please visit: https://www.doj.gov. hk/eng/public/CISG.html.

06 07 Features What's New? LEGAL UPDATES

STATUTE LAWBILL 2019 INTRODUCED IN LEGCO RICH TEXT FORMAT COPIES OF LEGISLATION The Statute Law (Miscellaneous Provisions) Bill 2019 was NOW AVAILABLEON HKEL WEBSITE introduced in the Legislative Council on 15 January 2020 to To suit the needs of different users, Hong Kong legislation is not propose miscellaneous amendments to various ordinances to only published in HTML and PDF formats, but also in RTF format update the legislation. One of the major proposed amendments on the HKeL website. From March 2020, RTF copies for all current is to amend the High Court Ordinance (Cap. 4) to extend the versions and all past verified versions of Hong Kong legislation use of a two-Judge bench of the Court of Appeal to determine are available for reference purposes. They can be downloaded applications for leave to appeal to the Court of Final Appeal as individual provisions or whole chapters, and in monolingual or against the decisions made by the Court of Appeal consisting bilingual settings, according to the users' preference. of less than three Justices of Appeal, as well as appeals against the Court of First Instance's decisions to refuse to grant leave This feature makes it easier for users to" copy and to apply for judicial review. paste" legislative texts to email or other documents, and it enables users to mark notes on copies of legislation using desktop word processing software. For more details, please visit the HKeL website at httgs://www.elegislation.govhk

LAW REFORM COMMISSION REPORT ON REVIEW OF SUBSTANTIVE SEXUAL OFFENCES The Law Reform Commission of Hong Kong published a (Front row, 3rd from L) Dr James Ding, the Commissioner of the Inclusive Dispute Avoidance and Resolution Office of the Department of Justice and Chair of the report on the Review of Substantive Sexual Offences on 5 LEGISLATION DATAAVAILABLE ON APEC Economic Committee, speaking at the APEC Secretariat December 2019, making final recommendations for the reform THE GOVERNMENT'S OPEN DATAPORTAL of substantive sexual offences in the Crimes Ordinance (Cap. In support of the HKSAR Government's policy to open up 200). These recommendations include the creation of a range of data for free public use to facilitate technology research and non-consensual sexual offences such as a new offence of sexual innovation, both current and past legislation data dating back ONLINE DISPUTE RESOLUTION penetration without consent, a uniform age of consent of 16 years to 30 June 1997 is available in machine-readable format for old in Hong Kong, and the creation of a range of new gender­ download through the Government's Public Sector Information DEVELOPMENTS UNDER APEC neutral sexual offences involving children and persons with Portal at httgs:Udata.gov.hk. mental impairment. It also recommends the reform of a series The Asia-Pacific Economic Cooperation (APEC) has been At the Concluding Senior Officials' Meeting and the Informal of miscellaneous sexual offences such as incest, exposure, To facilitate the downloading process, legislation data is undertaking a project to promote the use of online dispute Senior Officials' Meeting in December 2019 in Singapore and bestiality, necrophilia and homosexual-related buggery and gross divided into batches with reference to chapter numbers and in resolution (ODR) with micro, small and medium sized Langkawi, Malaysia, respectively, the Economic Committee indecency offences. compressed files format Under our royalty-free copyright policy, enterprises. Hong Kong SAR, as one of the 21 member reported to member economies its contributions to APEC interested parties may download the data for educational, economies of APEC, has been making a tremendous effort priorities and future work plan, including endorsement and commercial or non-commercial purposes without seeking in taking forward this initiative, through discharging the promotion of the ODR Framework, which was well received by express permission from the Government. role of the Convenor for the Friends of the Chair group on the APEC senior officials. Strengthening Economic and Legal Infrastructure under the APEC Economic Committee. At the 1st plenary meeting of the Economic Committee in Putrajaya, Malaysia, a policy discussion on the ODR Framework In August 2019, following the 2nd plenary meeting of the was held to discuss implementing the welcomed new APEC Economic Committee in Puerto Varas, Chile, the APEC developments. Collaborative Framework for ODR of Cross-Border Business to Business Disputes (ODR Framework), including its Model As at 31 May, China, Singapore, the USA and Japan, as well as Procedural Rules, was endorsed by the Economic Committee. Hong Kong, China, have opted into the ODR Framework, while Since September 2019, the Commissioner of the Inclusive a number of other member economies are undergoing internal Dispute Avoidance and Resolution Office of the Department procedures with a view to opting into the Framework in the very of Justice (IDAR Office) has also assumed the Chair of the near future. The next step is to identify ODR providers from Economic Committee, tasked to promote the ODR Framework these member economies to be listed by APEC under the ODR for member economies. Framework.

08 09 What's New? What's New?

Despite the very tight time frame, every piece of new legislation Unite lOi Fightllirus Olls1n1i1e1Q uaranline Ordler '' One of the most challenging aspects of the work of the NEW LEGISLATION FOR undergoes rounds of checking and proofreading before it Legislation Team ismanaging tighttime frames. On one hand, it Close Monitorl111g Suim;mntEnfome:ment is finalized and issued to the instructing client bureau. From is our job to ensure that the draft legislation is free of editorial FIGHTING COVID-19 consistency in the choice of words to compliance with plain language drafting practice, and from usage of the appropriate or other irregularities. On the other hand, it is imperative that The Hong Kong SAR Government has put in place various G text format to concordance between the Chinese and English thedeadlines be met. Wehave to be not only detail-mindedand measures to prevent and control the spread of the novel texts, various facets of the draft are reviewed by the law diligent, but also flexibleand responsive. , , coronavirus disease (COVID-19) in Hong Kong, some of clerks of the Legislation Team of the Law Drafting Division which required legislative backing. The Law Drafting Division, comprehensively and meticulously. Meanwhile, draft legislation Acting Senior Law Clerk I together with other Divisions in the Department of Justice, __ .. is also proofread by the clerical officers sedulously for Karen Chan have acted swiftly in terms of drafting new pieces of legislation typesetting accuracy. and providing legal advice to the bureaus. Seven pieces of The Department of Justice will continue to provide professional legislation were made for combating COVID-19 during the first Even after the drafting process has been completed, the and timely legal support to the bureaus to fight against quarter of 2020. assiduous checking and proofreading continue in order to COVID-19: "Together, We Fight the Virus!" For more information Ml'-•--­ ensure that legislation is published in the Gazette accurately. ...P"l"'lftatat .,_. N ...... � on COVID-19, please visit https://www.coronavirus.gov.hk/eng/ ..,_illflltGitl ll'lllillhllM ��--...... II NilaAIOU.,_. Mo

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TIMELINE OF COVID-19 LAWS:JAN-MAR 2020 - LATE-MARCH - EARLY-FEBRUARY - Prevention and Control of Disease (Requirements and Directions) (Business and - Compulsory Quarantine of Certain Persons Arriving at Hong Kong Regulation (Cap. 599C) Premises) Regulation (Cap. 599F) - Prevention and Control of Disease (Disclosure of Information) Regulation (Cap. 599D) - Prevention and Control of Disease (Prohibition on Group Gathering) Regulation (Cap. 599G) In order to deter cross-boundary traffic between Hong Kong and the Mainland to contain the spread of the virus, Cap. 599C was made to mandate, subject to a few exceptions, all persons arriving In order to further enhance social distancing to prevent extensive local transmission of from the Mainland to undergo 14 days of compulsory quarantine. Also, Cap. 599D was made at the the virus, Cap. 599F and 599G were made to empower the Secretary for Food and Health same time to criminalize the act of knowingly giving false or misleading information relevant to the to impose restrictions on the operation of catering businesses and certain scheduled risk of exposure to or contracting COVID-19 (such as his or her travel history) to a health officer or a premises, and to prohibit group gatherings of more than four persons at a public place medical practitioner. respectively.

-EARLY-JANUARY -MID-MARCH - Prevention and Control of Disease Ordinance (Amendment of Schedule 1) Notice 2020 - Compulsory Quarantine of Persons Arriving at Hong Kong from Foreign Places Regulation - Prevention and Control of Disease (Amendment) Regulation 2020 (Cap. 599E)

The Amendment Notice and Regulation were made to include" severe respiratory disease In view of the surge of cases of COVID-19 cases globally, Cap. 599E was made to extend the scope associated with a novel infectious agent" as a statutorily notifiable infectious disease. This has of 14-day compulsory quarantine to all persons arriving from abroad. strengthened Hong Kong· s capability in monitoring the disease.

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Knowledge and Skill Enhancement Programmes Useful information NOTABLE JUDGMENTS JUDICIAL REVIEW CASES ON LEGAL RECOGNITION OF SAME-SEX COUPLES

Two landmark cases on the topic of same-sex relationships took Infinger Nick v. Hong Kong Housing Authority [2020] place recently in Hong Kong's courts. Long a controversial topic 1 HKLRD 1188 in the Hong Kong community, the question of whether same-sex Mr Infinger challenged the Hong Kong Housing Authority's couples should have the same rights and benefits as opposite­ decision to disqualify him and his husband from renting a public sex married couples was the subject of heated legal debate. In housing flat. The public rental housing policy excluded same-sex the following judicial review cases, the Court of First Instance couples from applying for public rental housing as an "ordinary considered same-sex relationships in the context of the right to family". Mr Infinger argued that the exclusion constituted unlawful marriage and eligibility for public rental housing. discrimination based on sexual orientation. The Housing Authority argued that the aims of the policy were to ensure a fair and MK v. the Government of HKSAR [2019] 5 HKLRD 259 rational allocation of its scarce resources and to support existing In this important case, the city's ban on same sex marriage was opposite-sex families and the institution of traditional families. challenged for the first time in court. The applicant, referred to as Group photo in the Campus of the Nanjing University "MK", was a lesbian and Hong Kong permanent resident. She The Court of First Instance allowed Mr Infinger's judicial review argued that the lack of a right to enter into a legalised same-sex application. While the court acknowledged that the aims of the relationship (such as marriage or civil union) under Hong Kong public rental housing policy were legitimate, it found there was NANJING UNIVERSITY laws violated her various rights (in particular the right to marriage) no evidence to show that excluding same-sex couples from the Government counsel were nominated by the Department of presentations. They gained insights from field trips to local protected under the Basic Law and the Hong Kong Bill of Rights. policy would make any real difference to the overall availability Justice to participate, together with other civil servants from government institutions and enterprises on how technology of public rental housing to traditional opposite-sex families (or Government bureaus and departments, in the National Studies could enhance public service delivery. They also learnt about The court dismissed MK' s judicial review application. Noting unmarried couples intending to form traditional families). The Course at Nanjing University from 13 to 19 October and 3 to 9 town planning and heritage conservation in Nanjing and visited that Hong Kong law has never recognized or permitted same­ Housing Authority lodged an appeal to the Court of Appeal. November 2019. the Nanjing History Museum of the Ming City Wall. sex marriage, the court held that the right to marriage under the Basic Law and the Bill of Rights did not apply to same-sex For detailed summaries of the judgments of these cases Participants were given lectures by distinguished scholars on The course provided participants with an opportunity to deepen couples. It said that, while in principle legislation may be given and other cases from October 2019 to March 2020 which the political, social, economic and cultural aspects of China, their understanding of Mainland China and exchange ideas with an updated interpretation in appropriate circumstances, it did not have substantial media/public interest, please visit the and shared views on HKSAR Government policies at group civil servants in Hong Kong. find sufficiently strong or compelling evidence about changing or "Summary of Notable Judgments" at: https://www.doj.gov. contemporary social needs or circumstances that required it to hk/eng/public/casesynopses.html#k. reinterpret "marriage" to include same-sex marriage. It followed that the Government was not obliged to provide an alternative legal framework to give same-sex couples the same rights and benefits enjoyed by opposite-sex married couples. MK lodged an appeal to the Court of Appeal.

Notable judgments refer to cases that involve important legal principles or issues of public interest. The summaries of notable judgments are prepared by the Department of Justice based on its own interpretation and understanding of the judgments of the courts concerned. The summaries are not legal advice and should not be relied upon by anyone as such. The summaries have no legal effect and are not intended to be cited as authorities of any kind. To fully understand the legal effect of the courts· judgments, the whole judgments of the courts concerned should be looked at.

Copyright in this publication is vested in the Government of the Hong Kong Special Administrative Region. This publication may not be reproduced in whole or DoJ colleagues attending the course in part without the written permission of the Government of the Hong Kong Special Administrative Region.

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