FOR IMMEDIATE RELEASE     17 September 2025
(40 days before the CFA’s deadline of 27 October 2025) 

Constitutional Crisis

Hong Kong now faces its gravest constitutional crisis since 1997.

On 10 September, LegCo rejected the Registration of Same-Sex Partnerships Bill — legislation expressly mandated by the Court of Final Appeal (CFA).

The CFA ruled that failure to recognize same-sex partnerships violates privacy rights under the Hong Kong Bill of Rights.

• • “Defying the CFA is defying the rule of law itself.”

What’s at Stake

• • Constitutional Collapse
    If final CFA rulings can be ignored, Hong Kong ceases to be a rule-of-law jurisdiction.
  • Criminal Liability
    Knowing refusal to enforce CFA orders is criminal contempt of court and misconduct in public office.
    High office offers no immunity: former CE Donald Tsang was jailed for misconduct.
  • LegCo Not Exempt
    Their coordinated veto mirrors conduct already prosecuted in the Hong Kong 47 case under NSL Article 22.
  • Independent Enforcement
    Accountability does not rest with the Department of Justice. Courts may initiate contempt proceedings on their own authority; residents may file contempt charges or private prosecutions with the court’s leave.
    

“If activists can be jailed under the NSL, equal justice demands legislators face the same standard.”

Urgency

The CFA imposed a hard deadline of 27 October 2025 — extendable only for compelling reasons.

A LegCo veto is not one of them.

The Basic Law requires the CE to act in accordance with the law: BL 48(2), BL 50(1), and BL 52(3) are not discretionary. The CE must fulfil his constitutional mandate to ensure the timely passage of the bill:

• • The CE must reintroduce the bill, issue a formal ultimatum, and convene emergency sittings.
  • Legislators must be put on formal notice: refusal breaches their oath and risks dissolution of LegCo, CE resignation, and prosecution.
  • Delay or failure is willful dereliction — not a ground for extension.
    

“Article 23 national security law passed in just 11 days. A bill of rights protection deserves the same urgency.”

Final Warning

The CFA’s order is final and binding.

The CE and LegCo must comply within the next 40 days — or face constitutional collapse and criminal prosecution.

“This is the eleventh hour. The rule of law is on trial.”

Media Contact

Chi-Sang Poon, PhD
Founder, HKROLIN Institute
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