The country in brief
The country's law, area by area
Marriage, partnership and divorce
Marriage · Partnerships and cohabitation · Same-sex marriage · Religious ceremony · Wedding customs and ceremonies · Matrimonial property and inheritance · Divorce
Children, family and inheritance
Names · Adoption · Assisted reproduction · Childcare · Step-families
Contraception, abortion, sexuality and drugs
Contraception · Abortion · Parents: a teenager’s first relationship · Sexual orientation · Drugs and controlled substances · Alcohol and tobacco
Violence, consent and sexual offences
Consent and age of consent · Domestic violence · Female genital mutilation
Online: privacy, image, data and scams
Data protection · Privacy · Image rights · Speech and online harassment · Copyright · Identity theft · Online shopping · Romance scams
Health: pregnancy, STIs and care
Pregnancy · Sex therapy · Mental health · Dental care · HIV and AIDS · Hepatitis B · HPV
Fundamental rights
Key points
| Basic Law | Article 39: the ICCPR as applied to Hong Kong remains in force |
|---|---|
| Bill of Rights Ordinance | Domestic implementation, binding on government |
| Proportionality | Four-step analysis developed by the Court of Final Appeal |
| National security | Legislation since 2020 has significantly reshaped the framework |
| Interpretation | Ultimate power of interpretation of the Basic Law rests with the NPCSC |
| Equality bodies | Equal Opportunities Commission for discrimination complaints |
| Wednesbury and proportionality | Both applied, depending on the right engaged |
| Legal aid | Available for judicial review, subject to means and merits |
| Time limit | Judicial review must be brought promptly and within three months |
Understanding the rules
Article 39 of the Basic Law provides that the ICCPR as applied to Hong Kong remains in force, and the Hong Kong Bill of Rights Ordinance implements it domestically. Courts have developed a structured proportionality analysis. Since 2020 the national security framework has substantially altered the balance, and interpretation of the Basic Law rests ultimately with the Standing Committee of the National People's Congress.
In practice
- Use the Equal Opportunities Commission for discrimination: it is free and effective.
Where to go
- Equal Opportunities Commission.
- Legal Aid Department and the Duty Lawyer Service.
- Ombudsman for maladministration.
Worth knowing
The Equal Opportunities Commission route is free and covers sex, disability, family status and race discrimination: it remains the most accessible avenue for everyday complaints. Judicial review has a three-month outer limit and a promptness requirement that can be shorter. Both are strictly applied.
The general article: Fundamental rights · Compare with another country
Advice
Sources
Whole page
- How to Apply for a Divorce — Hong Kong Judiciary, accessed 2026
Fundamental rights
- Basic Law, Chapter III: Fundamental Rights and Duties of the Residents — Basic Law Website, accessed 2026
Official or institutional documents this page relies on, consulted on 12 October 2026. Links open in a new tab.
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