Abstract

In mid-2013, the Court of Final Appeal (the CFA) made a landmark ruling in the W case that post-operative transsexuals should be allowed to marry in their acquired gender in Hong Kong. The Administration tried to implement the CFA's order by introducing the Marriage (Amendment) Bill 2014 (the Bill), but this short-lived Bill was voted down by the Legislative Council (the LegCo) in October 2014.This article evaluates the journey from the CFA's ruling to the voting down of the Bill. It begins by reviewing and examining the CFA's decision. It then discusses the Bill and analyses why the Bill failed to pass the LegCo. It concludes by exploring the different roles of the executive, the courts and the society on the issue of transsexual marriage in Hong Kong, and suggests that, apart from the court's ruling, public views and opinions on transsexual marriage are crucially important in affecting and developing the laws on transsexual marriage in Hong Kong.

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