Remarks by CE at media session before ExCo (with video)
Following are the remarks by the Chief Executive, Mr John Lee, at a media session before the Executive Council meeting today (July 15):
Reporter: Good morning. In light of a recent saga over an HKU student being accused of using AI to generate pornographic photos of women he knew, what's the criteria and timeline for the Government to decide if a legal amendment is needed to plug the loophole of AI-produced intimate images? In face of strong opposition from lawmakers, what will the Government do to get the proposal to recognise same-sex partnerships in Hong Kong passed, and if the bill is vetoed, will you consider the Government to have fulfilled the court's order to set up the policy, or would the Government table another proposal? Thank you.
Chief Executive: Universities, in addition to imparting academic knowledge, bear the responsibility of developing students' moral character, in accordance with the guiding principle of fostering and nurturing talent. Any conduct that causes harm to others may constitute a criminal offence and may also infringe individual rights and also privacy. Therefore, universities should deal with student misconduct seriously. While some misconduct may be dealt with under internal university rules, any act that may contravene the law should be reported to law enforcement agencies for action. Most of Hong Kong's existing laws are applicable to activities on the Internet. These include offences under the Crimes Ordinance concerning publication or threats to publish intimate images without consent, the offence of access to computer with dishonest intent under the Crimes Ordinance, and the Personal Data (Privacy) Ordinance, which criminalises privacy violations.
In April 2025, the Digital Policy Office of the Government released the Hong Kong Generative Artificial Intelligence (AI) Technical and Application Guideline. It offers practical operational directives for developers, service providers and users of generative AI systems. The guideline promotes the safe and responsible development of generative AI-related business and activities by stakeholders through strict adherence to technological ethics, moral principles and legal requirements, while providing practical guidelines and guidance to address security challenges and risks associated with generative AI technologies. AI is an emergent technology that evolves very rapidly with new capabilities and developments changing in a very short period of time. The Government will closely monitor the situation regarding the fast development and application of AI, examine global regulatory trends, and conduct in-depth research into international best practices to see what we should do.
In regard to the case you mentioned, in the case of Sham Tsz Kit v Secretary for Justice, the Court of Final Appeal (CFA) ruled that the Hong Kong Special Administrative Region (HKSAR) Government has a positive obligation to establish an alternative framework for legal recognition of same-sex partnerships. The decision made by the CFA is final. The HKSAR Government cannot contravene the determination of the CFA and must take appropriate follow-up action. The alternative framework, now proposed by the Constitutional and Mainland Affairs Bureau (CMAB), complies with the court's judgment. It was formulated by the CMAB after thorough research and full consideration of legal advice. I want to emphasise the following points.
First, a lawful marriage in Hong Kong is between one man and one woman, and a monogamous and heterosexual marriage. Second, the CFA's judgment also affirms that the right to marriage protected under the Basic Law is limited to heterosexual marriage. Third, the CFA ruled that the Government has a positive obligation to establish an alternative framework for legal recognition of same-sex partnerships. The CFA's ruling has the force of law and is legally binding on the Government. The Government must not act in violation of the court's ruling; otherwise, it will be against the rule of law. The rule of law is the cornerstone of Hong Kong's economy, investors' confidence, and its long-established success. Violating the rule of law will mean serious consequences. Fourth, under the Basic Law, the HKSAR Government is responsible for proposing and introducing bills. The Legislative Council (LegCo) is responsible for scrutinising, amending and voting to pass or reject bills. Fifth, under the Basic Law, the Judiciary exercises independent adjudication power, whereas the LegCo exercises legislative power. Both of them perform their respective constitutional roles. The HKSAR Government respects the Judiciary and the LegCo in exercising their respective powers under the Basic Law. Sixth, the HKSAR Government will make every effort to facilitate the LegCo's scrutiny of the bill introduced by the CMAB, assist the LegCo in completing the scrutiny expeditiously, and respect the LegCo's final decision. Thank you.
(Please also refer to the Chinese portion of the remarks.)
