19 June, 2014
Dear Friends and Colleagues,
White Paper
The Central People’s Government issued a white paper on the governance of HK whereby it sets out its “official” understanding of “One Country, Two Systems” under the Basic Law. The HK Bar Association rightly issued a public statement to rebut some of the statements contained in the white paper—especially those statements touching on the separation of powers, the rule of law and the independence of the judiciary. These are the fundamental safeguards as guaranteed under the Basic Law. They are not open to renewed interpretations by the CPG. Such an act on the part of the CPG, at such a sensitive time, is indeed worrying. On behalf of the legal profession, I have spoken out against the contents of the white paper, and will continue to defend our values and our system under the Basic Law. Together with members of the Election Committee (Legal sector), we shall be organising further actions in protest against any attempt to undermine the rule of law in HK. Please mark your diaries for 27 June 2014 at 5:30pm. We are planning to hold a silent march in front of the High Court. A formal notice with details will be sent out.
Marriage Amendment Bill
In W v the Registrar of Marriages (FACV 4/2012), the CFA held that a transsexual in W’s situation, that is, one who has gone through a full sex reassignment surgery should be granted a declaration that gives her access to marry a man. Any more restrictive definition applied by the Registrar of Marriages in construing section 40 of the Marriage Ordinance and section 20(1)(d) of the Matrimonial Causes Ordinance would be inconsistent with the constitutional right to marry protected by Article 37 of the Basic Law. Continue reading “Dennis Kwok e-Newsletter (June 2014)” →