Latest news with #Maurellet
RTHK
09-08-2025
- Politics
- RTHK
"Same-Sex partnership order is legal, not societal"
"Same-Sex partnership order is legal, not societal" Jose-Antonio Maurellet stressed the ruling explicitly preserves Hong Kong's traditional definition of marriage. File photo: RTHK Bar Association chairman Jose-Antonio Maurellet said that a court order mandating an official framework for same-sex partnership recognition is purely a legal and constitutional matter, not an attempt to regulate societal values. Speaking on a Commercial Radio programme on Saturday, Maurellet emphasised the association's neutral stance on the content of the draft legislation, but affirmed that court rulings should be implemented. The government's proposal is a direct response to a landmark ruling in 2023 requiring authorities to formulate a framework within two years. Under the proposal, registered same-sex partners would be granted specific rights, including the ability to make hospital visits, obtain their partner's medical information, make medical decisions and donate organs to each other. Maurellet noted that if the "Registration of Same-sex Partnerships Bill" fails to pass the Legislative Council, the government could apply to the court for an extension to carry out the order. He stressed the ruling explicitly preserves Hong Kong's traditional definition of marriage. "The five judges of the Court of Final Appeal all agreed that the definition of marriage as a union between one man and one woman has not changed. Therefore, referring to it as an "alternative framework" signifies that it is not the same as traditional marriage," he said. "The court's ruling states that while your status is different, you should have legal recognition, and the alternative framework should provide certain rights. "As for what those rights are, the court clearly indicated that the executive authorities has the discretion to consider which rights to provide. More fundamental rights should certainly be included, while less core rights can be managed by the executive and the legislature. "Thus, the court's sole consideration is legal and constitutional, rather than regulating societal values."
RTHK
09-08-2025
- Politics
- RTHK
Same-sex order 'not a bid to regulate societal values'
Same-sex order 'not a bid to regulate societal values' Jose-Antonio Maurellet says the court ruling explicitly preserves Hong Kong's traditional definition of marriage. File photo: RTHK Bar Association chairman Jose-Antonio Maurellet said a Court of Final Appeal order mandating an official framework for same-sex partnership recognition is purely a legal and constitutional matter, not an attempt to regulate societal values. Speaking on a Commercial Radio programme on Saturday, Maurellet emphasised the association's neutral stance on the content of the draft legislation but affirmed that the court's ruling should be implemented. The government's proposal is a direct response to a landmark ruling in 2023 requiring authorities to formulate a framework within two years. Under the proposal, registered same-sex partners would be granted specific rights, including the ability to make hospital visits, obtain their partner's medical information, make medical decisions and donate organs to each other. Maurellet noted that if the Registration of Same-sex Partnerships Bill fails to pass the Legislative Council, the government could apply to the court for an extension to carry out the order. He stressed that the ruling explicitly preserves Hong Kong's traditional definition of marriage. "The five judges of the Court of Final Appeal all agreed that the definition of marriage as a union between one man and one woman has not changed," Maurellet said. "Therefore, referring to it as an 'alternative framework' signifies that it is not the same as a traditional marriage. "The court's ruling states that while your status is different, you should have legal recognition, and the alternative framework should provide certain rights. "As for what those rights are, the court clearly indicated that the executive authorities have the discretion to consider which rights to provide. "More fundamental rights should certainly be included, while less core rights can be managed by the executive and the legislature. "Thus, the court's sole consideration is legal and constitutional, rather than regulating societal values."
South China Morning Post
21-02-2025
- Politics
- South China Morning Post
Hong Kong's top legal body head urges global unity against planned US sanctions on judges
The Hong Kong Bar Association's new chairman has called for legal associations worldwide to join hands in opposing potential punitive measures from the US against judges and prosecutors, saying any interference in judicial processes will undermine the administration of justice. Senior Counsel Jose-Antonio Maurellet, in his first interview with an English-language media outlet since helming the group representing barristers in Hong Kong, also shared plans to relaunch the body's pro bono scheme later this year and partner with more non-profit groups to help those who could not afford legal services. Maurellet, a Hong Kong-born Eurasian and a corporate law specialist fluent in English, Cantonese and French, succeeded Victor Dawes last month amid uncertainty surrounding United States President Donald Trump's return to the White House and concerns over the potential implications for Hong Kong's legal community. A bipartisan group of American lawmakers recently introduced a bill aimed at sanctioning Hong Kong's judges and prosecutors involved in the cases of activists charged under the national security law. The bill, if passed, would require the US president to decide within six months whether to introduce the sanctions under existing legislation. When asked about the impact of such potential actions, Maurellet said: 'All forms of interference [in legal and judicial work] are actually bad and undermine the administration of justice. So we hope that other legal associations around the world will join us in opposing this.'
