By a 3–2 decision, the court directed the government to establish an alternative framework for the legal recognition of same-sex relationships, with equivalent rights and obligations to marriage, within two years of the ruling.

Jimmy Sham Tsz-kit is a Hong Kong permanent resident and a political activist presently jailed for alleged subversion under the National Security Law.

Because Hong Kong law does not permit same-sex marriages or civil partnerships, Sham married his partner in New York.

[2] The Court of Appeal held:[3] BL37 provides that the freedom of marriage of Hong Kong residents and their right to raise a family freely shall be protected by law.

BOR14 is part of the Basic Law as a result of BL39, which applied the said International Covenant on Civil and Political Rights).