Hong Kong

Hong Kong’s Court of First Instance recognizes the parental rights of same-sex couples, challenging outdated laws and prioritizing equality and children’s rights  A recent judgment from the Hong Kong Court of First Instance has ignited significant discussion, not just within legal circles but across society, regarding the evolving definitions of family and parenthood. This ruling, centered on the legal recognition of a child born to a same-sex couple through assisted reproductive technology, stands as a compelling testament to the dynamic interplay between law, societal norms, and individual rights. It prompts us to reflect on how legal frameworks adapt to modern family structures and the profound implications for equality and human dignity. At the heart of this case is K, a young child born to a female same-sex couple, R and B. Their journey to parenthood involved reciprocal in-vitro fertilisation (RIVF) in South Africa, a process where R, the genetic mother, provided the egg, and B, the gestational mother, carried the pregnancy to term. Despite their marriage in South Africa and their shared commitment to raising K and the declaration by Her Madam Justice Au Yeung that R is a parent in common law, The Hong Kong Government only recognized B as K's legal parent on the birth certificate. R, the biological and social parent, found herself without legal recognition, a situation that led to significant practical and emotional challenges for the family. This legal vacuum prompted K, through R as his next friend, to seek judicial review, challenging the existing legal framework's failure to acknowledge diverse family structures. This challenge comes in the wake of the landmark Sham Tsz Kit case, which established a constitutional requirement for appropriate recognition of same-sex partnerships in Hong Kong, acknowledging their various potential consequences, including breakdown. As Mr. Justice Coleman noted in paragraph 15 of the judgment, while the government emphasized that the South African marriage was not recognized in Hong Kong, their position is at least analogous and comparable to the position of opposite-sex married couples in Hong Kong. The legal battle: Arguments and judicial scrutiny The legal challenge mounted by K centered on the alleged unconstitutionality of key provisions within the Parent and Child Ordinance (PCO) and the Births and Deaths Registration Ordinance (BDRO). The core contention was that these laws, together with the decision by the HK Government not to provide for the registration K in the birth certificate of her own gentically related child, violated fundamental rights enshrined in Hong Kong's Bill of Rights (BOR, Cap. 383) and Basic Law (BL). Specifically, the arguments invoked the right to privacy and family life (BOR 14 & 19), the rights of children (BOR 20), and the right to equality (BOR 22, BL 25). Mr. Justice Coleman's decision and reasoning Mr. Justice Coleman's judgment meticulously dissected the parties' arguments, ultimately siding with K that there is encroachment on or infringement of the BORs engaged and that the constitutional challenge is made good.  Below are a few key findings/reasons from the learned Justice : Rejection of 'Parent at Common Law' Declaration: While acknowledging the previous declaration by Au Yeung J that R was a 'parent at common law', Mr. Justice Coleman found this declaration to be of no practical legal effect. He reasoned that if the PCO explicitly taken out common law rights, then there can be no parent at common law. Unconstitutionality of PCO and BDRO: The court found that the existing provisions of the PCO and BDRO were unconstitutional as they discriminated against children born to same-sex parents and interfered with their privacy and family rights. The judge emphasized that K's identity and well-being were negatively impacted by the lack of legal recognition for R. Rejection of Government's Justifications: The judge systematically dismissed the government's arguments. He found no legitimate aim for the discriminatory treatment and concluded that the measures were disproportionate. He particularly rejected the idea that guardianship orders were a sufficient alternative, stating that they do not confer the same status or rights as legal parenthood. He also dismissed the government's reliance on 'social consensus,' asserting that the will of the majority cannot dictate the court's function in upholding constitutional rights. He emphasized that 'a parent is a parent,' regardless of the circumstances of their child's birth or the parents' sexual orientation. (See Judgment, e.g., paras. 121-168.) A step forward for equality and modern family recognition This judgment marks a significant stride towards a more inclusive and equitable legal landscape in Hong Kong. It underscores several critical points that resonate far beyond the immediate parties involved: Affirmation of Diverse Family Structures: The ruling acknowledges the reality of modern families, moving beyond traditional definitions to embrace the complexities of assisted reproduction and same-sex partnerships. It sends a powerful message that love, commitment, and biological connection, rather than outdated legal constructs, should define parenthood. Child-Centric Approach: At its core, the decision prioritizes the best interests of the child. The court recognized the profound impact of legal non-recognition on a child's identity, well-being, and practical interactions with society. By ensuring that both parents are legally acknowledged, the judgment provides children with stability, security, and a complete sense of their family unit. The Importance of Legal Recognition: The case highlights the critical role of official documents, like birth certificates, in a person's identity and legal standing. It demonstrates that the absence of legal recognition can lead to tangible disadvantages and emotional distress, reinforcing the need for legal frameworks to accurately reflect social realities. Judicial Activism in Protecting Rights: this case stands is a testament to the judiciary's role in safeguarding fundamental rights. This approach ensures that laws evolve with societal values and constitutional guarantees, even in the absence of direct legislative reform. This development in Hong Kong aligns with a global trend towards greater recognition of LGBTQ+ rights and diverse family forms. Jurisdictions worldwide are grappling with similar questions, and many have already moved to grant legal recognition to same-sex parents. This Judgement also prompts further consideration of how other areas of law might need to adapt to fully reflect and protect the rights of all families. The conversation now shifts to how these principles will be implemented and how society will continue to embrace and support all its members, regardless of their family structure. This ruling is not just a legal precedent; it is a societal milestone, urging us to reflect on what truly constitutes a family in the 21st century and how our laws can best serve the interests of every child. The ongoing struggle for equality: A reality check Despite this landmark judicial victory on human rights, the path to full equality for same-sex couples in Hong Kong remains fraught with challenges. This was starkly illustrated by the recent news that legislation to create a separate legal framework for same-sex relationships failed to pass, with many voter rejecting the bill on the basis that it does not accord with traditional value.   This development underscores the persistent difficulty of achieving legislative reform in this area and highlights the crucial role the judiciary plays in protecting fundamental rights when the political process stalls. This is where Mr. Justice Coleman's postscript in his judgment becomes particularly poignant. He wisely noted that when an 'inexorable event' occurs — such as the reality of same-sex couples forming families and having children — society and its legal frameworks must adapt. His words serve as a powerful reminder that while legislative change may be slow, the courts can and must step in to provide for and accommodate the lived realities of all members of society, ensuring that the law does not lag too far behind the inevitable march of social progress. This judgment, therefore, is not just a victory for one family, but a beacon of hope and a call to action for a more inclusive and just future. Author: Raphael Wong

Shanghai, China, 23 June 2025 — Global law firm Baker McKenzie and Chinese law firm FenXun, through the joint operation platform Baker McKenzie FenXun, have helped secure a landmark win for Rockit Global Limited (“Rockit”) in a trade dress infringement case in China. The case involved a dispute with a local company that was found to sell its apple products in a local fruit market using tube packaging and marks similar to Rockit's. The Zhejiang High People's Court ("Court") recognized the deliberate nature of the infringement and ruled that the defendant acted in bad faith by copying and imitating Rockit's intellectual property rights, thereby infringing upon Rockit's trade dress and trademark rights. Rockit's packaging design is characterized by a transparent cylindrical tube container that is precisely sized to fit their snack-sized apples. It features an elaborate combination of a red apple graphic, a rocket-shaped or leaf-like pattern, and distinctive design elements, all of which contribute to its unique and recognizable appearance, The Court's ruling has affirmed that Rockit's distinctive tube packaging has attained widespread recognition among Chinese consumers and has established a stable connection with the Rockit brand, thanks to extensive promotion and sales. As a result, it is protectable under the PRC Anti-Unfair Competition Law. Additionally, the Court noted that despite updates to Rockit's tube packaging, it has preserved a high degree of consistency, with no substantial alterations to the tube’s shape, overall design, pattern style, or color layout. As a result, the strong association between the tube packaging and the Rockit brand remains unaffected. This landmark decision is a major milestone for Rockit, as it sets a strong precedent for the legal protection over its unique packaging design. Meanwhile, this win adds to the growing list of victories that Baker McKenzie FenXun has secured for its clients in IP rights protection. The team was led by Baker McKenzie's IP Partner, Andrew Sim, and included core team members: Partner Zheng Zhou and Associate Jacqueline Wang of FenXun Partners. Commenting on the matter, Andrew Sim, said: "We couldn’t be more pleased to have supported Rockit in securing this landmark win in a case of great significance for the food industry, utilizing our extensive experience in assisting companies to safeguard their IP rights." Tom Lane, Rockit General Manager Commercial and General Counsel, says the snack sized apple brand is pleased with the result. "Unlike any other apple, Rockit™ apples are produced, distributed and marketed as a unique branded offering. With an ambition to become the world's favourite healthy snack, we drive innovation and fresh ideas across every part of our value chain. We are determined to protect our unique brand, and this decision provides valuable recognition of our IP rights as we work to address infringement activities around the world."

Independent Hong Kong law firm Hugill & Ip is delighted to announce the promotion of Raphael Wong to Partner, effective from 1st June. This well-deserved advancement recognises Raphael's exceptional contributions to the firm's family law and private client practices, where he has distinguished himself as an advocate for clients and a specialist in navigating complex matrimonial and children matters. A trusted expert in Family Law With extensive experience in high-conflict family disputes, Raphael Wong has developed a reputation as a capable and strategic family lawyer – often recognised as future star in many international legal directories. His practice encompasses all aspects of family law, with particular expertise in high-net-worth and complex financial proceedings, cross-border and custody disputes. Raphael is known for his insightful approach to sensitive matters, regularly advising on cases involving multijurisdictional assets, inheritance provisions for financial dependants, guardianship and mental capacity. His deep understanding of Hong Kong's family law framework, combined with his tactical negotiation skills, enables him to secure optimal outcomes whether through litigation or settlement. Beyond financial disputes, Raphael has built a robust practice in children law, handling contentious relocation applications, and cases involving parental alienation and adoption. His nuanced understanding of child welfare principles and his ability to navigate emotionally charged situations have made him a sought-after advisor for parents and guardians. Recognition from firm leadership Senior partners at Hugill & Ip have warmly endorsed Raphael's promotion, highlighting his legal prowess and dedication to clients. Caroline McNally, Partner & Head of Family Law highlighted: "Raphael's promotion is richly deserved. He combines razor-sharp legal analysis with genuine empathy for clients during what is often the most challenging period of their lives. His ability to distil complex financial scenarios into clear legal strategies is exceptional, and he has been at the centre of some of our most high-profile family cases." Alfred Ip, Partner & Head of Private Client added: "Raphael stands out as a lawyer who truly understands the human element behind every legal dispute. His promotion reflects not just his technical mastery of family law, but his ability to guide clients through emotionally fraught situations with wisdom and discretion." Adam Hugill, Managing Partner concluded: "Raphael embodies everything we value at Hugill & Ip – creative problem-solving, an unwavering commitment to client service and compelling advocacy. His elevation to partner strengthens our position as one of Hong Kong's premier family law and private client practices." Professional standing and community engagement Raphael Wong's expertise is frequently sought by media outlets commenting on developments in Hong Kong family law. He has been quoted in publications, such as Hong Kong Economic Times and Ming Pao Daily, on issues ranging from prenuptial agreements to the recognition of foreign divorces in Hong Kong courts. An active member of the legal community, Raphael regularly contributes to professional development initiatives and pro bono work. His thought leadership extends to writing on emerging trends in cross-border family disputes and children matters. What sets Raphael apart is his ability to balance robust advocacy with practical solutions. Clients appreciate his straightforward advice, calm approach and his commitment to achieving resolutions that protect both their legal rights and personal wellbeing. His promotion reflects the firm's confidence in his ability to continue delivering this high standard of representation. As Hugill & Ip continues to expand its family law practice, Raphael's promotion ensures the firm remains at the forefront of Hong Kong's family law landscape. His combination of technical expertise and client-focused service perfectly aligns with the firm's commitment to providing practical and compassionate legal solutions for complex family matters.

It’s thrilling to share some exciting news – Hugill & Ip is moving! A new week, a new day: everyone at the firm be settling into our new home on an entire floor of Six Pacific Place, part of the Swire Properties portfolio. This move represents more than just a change of address. It's about creating a space that truly reflects who Hugill & Ip is as a firm – one that blends professional excellence with personal connections. A space designed with purpose Hugill & Ip partnered with Area-17 Architecture & Interiors, the renowned Italian design studio founded in Florence, to craft an office that tells our story. With their international perspective (from their roots in Italy to projects across Asia) and keen understanding of how spaces shape interactions, they've helped the firm create something unique. The design subtly weaves together: Italian elegance with Hong Kong's dynamic energy of its icons Warm, approachable materials that feel both professional and welcoming Smart, sustainable solutions that align with Swire Properties' commitments to ESG standards "It's been fascinating to see how Area-17 translated our firm's personality into physical space," shares Adam Hugill. "They understood immediately that we wanted somewhere that would feel both impressive and inviting – where serious work happens but never feels stuffy. The move isn’t just about aesthetics: it’s a strategic step forward. With room for expanding teams, advanced tech integrations, and client-friendly meeting spaces, the new office is designed to support Hugill & Ip’s next phase of growth." Why this matters For those who've worked with the firm before, you'll find the same Hugill & Ip approach – just in a space that better supports how they serve clients and their own workforce: Thoughtful meeting areas designed for real conversation, not just formal presentations Spaces that adapt to how you want to work – whether that's a quiet discussion or a collaborative session All the little touches (yes, including proper coffee) that make working together a pleasure As Caroline McNally puts it: "The best legal solutions come from really understanding people – and now we'll have a space that helps those connections happen naturally. The design team and   contractors that lead the project helped us create somewhere that's unmistakably professional but doesn't take itself too seriously." The Hugill & Ip approach  As Alfred Ip expressed: “What sets us apart? For years, we've built lasting relationships through our work in both corporate and private client matters - not by offering cookie-cutter solutions, but by truly understanding what each client needs. Our team thrives on tackling challenges with creativity and collaboration, always putting relationships first. This move is the natural next step in that journey - a space designed to reflect how we work best: intelligently, personally, and with genuine care for every case.” A new place to foster collaboration! Rather than a traditional grand opening, Hugill & Ip will be hosting a series of small personal gatherings in the coming months. Because after all, that's how the best relationships are built – through real conversations in comfortable spaces. Watch this space for upcoming events the firm is planning to host in the next few months – the whole team can't wait to welcome everyone to their new home and show you the new Hugill & Ip Dragon Gate!