Transsexual Marriage in Hong Kong: Going Beyond Bellinger

Abstract

Analyses the Hong Kong Court of Final Appeal decision in W v Register of Marriages on whether the prohibition on a post-operative male-to-female transsexual from marrying a man because she was not a "woman" within the meaning of the Marriage Ordinance s.40 and the Matrimonial Causes Ordinance s.20(1)(d) breached her constitutional right to marry under the Basic Law art.37 and the Bill of Rights Ordinance art.19(2). Distinguishes the ruling from that by the House of Lords in Bellinger v. Bellinger. Considers its implications for the recognition of same sex marriage in Hong Kong.