Advertisement
LGBTQ
Opinion
Jan Wetzel

Opinion | Hong Kong’s top court rejected discrimination against same-sex couples. It’s time for the rest of the city to follow suit

Jan Wetzel says by making clear that each distinction in treatment on the basis of sexual orientation must be justified, the Court of Final Appeal is setting an example of conduct the government should heed – by thoroughly reviewing discriminatory laws, policies and practices

Reading Time:3 minutes
Why you can trust SCMP
Last week, the Court of Final Appeal unanimously held that the government discriminated against “QT” by refusing to grant her a dependent visa on the grounds that it did not recognise her same-sex civil partnership. Photo: AFP

“A second-class citizen because of my sexual orientation” is how “QT”, the British woman wanting to live with her partner in Hong Kong, described her treatment at the hands of the local authorities.

Last week, the Court of Final Appeal agreed. It unanimously held that the government discriminated against QT by refusing to grant her a dependent visa on the grounds that it did not recognise her same-sex civil partnership.

Amnesty International hailed the judgment as a milestone for the rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) people in Hong Kong, who are treated like second-class citizens in many aspects of everyday life. The court’s ruling has the potential to change this.

Advertisement

Same-sex couples in Hong Kong, even when they married or entered into civil partnerships overseas, cannot apply for public housing, succeed in each other’s tenancy should one partner die, or inherit property if there is no will. They also do not have full parental rights for their children.

Yes, the QT ruling is on the specific area of immigration and based on principles of administrative law. But the message could not be clearer: everyone has the right to equal treatment. This is the principle at the very heart of the 45-page judgment – a victory for equality over discrimination and prejudice.

Watch: Hong Kong’s top court hands down landmark ruling on spousal visa for lesbian couple

Advertisement
Select Voice
Choose your listening speed
Get through articles 2x faster
1.25x
250 WPM
Slow
Average
Fast
1.25x