Exacerbating Corbett: W v Registrar of Marriages

Abstract

The judgment of W v Registrar of Marriages held that, following Corbett v Corbett (Otherwise Ashley), a post-operative male-to-female transsexual was not a woman; and consequently was not eligible to marry her boyfriend. This paper, putting aside much of the criticisms of Corbett and assuming that it was a decision to be followed, examines W's treatment of Corbett and the legal definition of marriage. It submits that, even if it might have been right to follow Corbett, W, in placing emphasis on the doctrine of the Church of England and procreation, went further than Corbett. It argues that this is a retrogressive development for marriage law in Hong Kong.