Hong Kong’s top court rules in favour of same-sex civil union ‘legal recognition’
"I think this is a major step forward," the co-founder of Hong Kong Marriage Equality shared.
Hong Kong’s top court has ruled in favour of same-sex partnerships.
On Tuesday (4 September), Hong Kong’s Court of Final Appeal voted that the lack of legal same-sex relationship recognition is a violation.
This verdict rules that the government has 2 years to enact a scheme to recognise same-sex relationships.
However, the court stopped short of allowing full marriage equality for same-sex couples.
Same-sex activity was legalised in 1991. Though Hong Kong has no legal protection from discrimination in employment or from hate speech.
In its ruling, the court declared that the Hong Kong government “is in violation of its positive obligation… to establish an alternative framework for legal recognition of same-sex partnerships.”
The court “unanimously dismisses the appeal in relation” to same-sex marriage and recognition of foreign same-sex marriage.
This partial victory was pushed by LGBTQ advocate Jimmy Sham. Sham has been campaigning with legal challenges since 2018 to push the city to recognise overseas same-sex marriages.
Sham married his partner in the US in 2013, but their marriage was not recognised under Hong Kong law.
“Given all the considerations, and what the court majority has said, I think this is a major step forward”
His first legal challenge was rejected in 2020, but subsequent appeals have garnered widespread attention.
Sham has been detained since March 2021. He pleaded guilty to conspiracy to commit subversion in connection with an unofficial legislative primary poll.
Jerome Yau, co-founder of Hong Kong Marriage Equality, told HKFP the ruling is a “major development” for same-sex marriage recognition.
“Given all the considerations, and what the court majority has said, I think this is a major step forward and it is a good thing,” Yau said.
60% of the population in Hong Kong is in support of same-sex marriage.
“Over the past ten years, the share of Hong Kong people who favour protecting gay and lesbian rights has grown markedly,” the survey said.
This report came from The University of Hong Kong, The Chinese University of Hong Kong and the University of North Carolina School of Law.