Court of Final Appeal

Landmark ruling for transsexual echoes far and wide

BBC in Britain. Photos: Screenshots via news sites

Monday’s historic decision at the Court of Final Appeal - giving a transgender woman the right to marry her boyfriend - has been labelled

Thursday, 29 August, 2013, 4:13am

Finally I can marry my boyfriend: Transsexual plans wedding after landmark court victory

Michael Vidler, the solicitor for transsexual "W", speaks to the media outside the Court of Final Appeal after the ruling. Photo: K. Y. Cheng

Legal experts said the victory by the litigant, known only as W, redefined the meaning of the word "woman" in the Hong Kong marriage system.

29 Aug 2013 - 4:13am

Seizing assets with no conviction imperils rule of law

Bill Hwang, founder of Tiger Asia Management LLC. Photo: Bloomberg

The SFC's court victory over Tiger Asia does not make its actions just in a civilised society.

2 May 2013 - 3:47am 10 comments

A life in court: lawyers, robbers and other reptiles

Kemal Bokhary

It was a key court ruling on the "one country, two systems" principle that made Mr Justice Kemal Bokhary want to stay on as a permanent judge as he neared retirement.

24 Apr 2013 - 4:06am 2 comments

Court of Final Appeal rejects widow's claim for work-injury compensation

Sibly Sit Wing-yi

The city's top court yesterday dismissed an appeal by a widow seeking work-injury compensation from the employer of her late husband, whose body was cremated without undergoing an autopsy in 2007.

Sibly Sit Wing-yi lost her claim against Berton Industrial, which had employed her husband, Randie Cheung Ka-wai, who died at the age of 37.

23 Apr 2013 - 4:13am

Transsexual in top court bid to marry her boyfriend

David Pannick QC. Photo: Edward Wong

A transsexual woman who twice lost her court bid for the right to marry her boyfriend took her battle to the Court of Final Appeal yesterday.

Lawyers for the woman, 37, who has had a government-subsidised sex-change operation, said that by not recognising her new gender, the government in effect denied her the right to marry anyone - man or woman.

16 Apr 2013 - 4:38am

Trusted judge who fought for legal integrity of city

Illustration: Lau Ka-kuen

Mr Justice Michael Hartmann may not be the most publicly visible judge to have served in the High Court but few equal his reputation for handing down rulings that are consistently liberal, except, perhaps, for Mr Justice Kemal Bokhary.

1 Apr 2013 - 5:06am 1 comment

Right of abode settled, for now

The Court of Final Appeal dismissed an appeal by Filipino helpers seeking permanent residency in the city. It also denied the HKSAR government's request for referring the right of abode issue to the NPC Standing Committee for clarification, saying the necessary conditions had not been met. Photo: Xinhua

The right-of-abode ruling by the city's top court appears to have spared Hong Kong a crisis, at least for the time being. Court of Final Appeal ruled that foreign domestic helpers had no right to claim permanent residency. The decision quashed the hopes of hundreds of thousands who may have wanted to settle here. The court also rejected the government's request to seek Beijing's interpretation of the Basic Law, saying the abode provision was clear enough. 

26 Mar 2013 - 3:28am 3 comments

Court's ruling enforces semi-apartheid

Labor rights group Asian Migrants Coordinating Body addresses the media after the Court of Final Appeal ruled that foreign maids were not eligible to seek permanent residency in a legal battle that has split the city. Photo: AFP

Hong Kong now has full judicial backing to continue treating foreign domestic helpers as a special class of people to be excluded from many basic rights accorded to legal residents who, in the jargon of the Basic Law, "ordinarily reside" in Hong Kong. Everyone can now breathe a sigh of relief, especially the government, following the judgment yesterday by the Court of Final Appeal - all except the maids and their supporters.

26 Mar 2013 - 3:28am 16 comments

Top court to give landmark judgment on right of abode issues

People protest outside the Court of Final Appeal as the right of abode case proceeded in court last month. Photo: Edward Wong

The Court of Final Appeal's ruling will decide whether foreign domestic helpers have the right to apply for permanent residency after living in the city for seven years.

25 Mar 2013 - 5:30am 2 comments

Top court rejects abode bid by Hong Kong-born girl

Protesters call for equal rights outside the Court of Final Appeal, which is hearing a case that will affect thousands of domestic helpers. Photo: AFP

The Court of Final Appeal on Tuesday refused an application by an eight-year-old girl born locally to mainlanders to join the right of abode challenge mounted by foreign domestic helpers.

29 Aug 2013 - 4:13am

Treatment of torture claimants in breach of laws and treaties

Vision First, an NGO that helps the torture claimants

The landmark decision - handed down by the Court of Final Appeal late last month - means hundreds, possibly thousands, of claims by foreign nationals seeking refuge may have to be re-examined.

27 Jan 2013 - 5:00am 4 comments

Johannes Chan, HKU law dean, says Court of Final Appeal's authority at risk

Professor Johannes Chan Man-mun of HKU

The authority of the Court of Final Appeal (CFA) would be jeopardised if the government continues to put judges in a political dilemma "unnecessarily", according to the head of the University of Hong Kong law school.

24 Dec 2012 - 5:07am 5 comments

Beijing's previous Basic Law rulings

The Court of Final Appeal ruled in 1999 that there were two conditions under which it should refer cases to Beijing for interpretation. They were either that the aspect of the Basic Law in question was the responsibility of the central government, or it concerned relations between Hong Kong and the central authorities.

20 Dec 2012 - 3:54am

Right of abode debate: Experts have their say

Illustration: Henry Wong

It's been a turbulent end to the year for Hong Kong's judicial independence and rule of law.

20 Dec 2012 - 4:09am 6 comments