Opinion | Time for Hong Kong to officially recognise gay marriages, for the greater good of society

It is not just about rights and benefits, but also about legal limits and obligations. For example, financial disclosure laws and conflict of interest legislation cover only opposite-sex spouses but not gay partners, and this is not in the public interest

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It is all about the legal ties that do not bind for Hong Kong’s same-sex couples. Photo: Reuters

Published: 3:00pm, 28 Jun 2019Updated: 7:22pm, 28 Jun 2019

There have been several court cases over the past few years — all eventually lost by the government in the Court of Final Appeal — that have shed light on the extent to which the administration denies rights and benefits to couples who are not married or, at least, not married in the eyes of the government.

Thanks to a British citizen known in court as QT, couples in civil partnerships and same-sex spouses can now obtain dependent visas for each other. More recently, Angus Leung Chun-kwong’s courage has ensured greater equality when it comes to taxation and medical and dental benefits for civil servants’ same-sex spouses.

There are more cases working their way through the courts. Nick Infinger wants to be able to live with his husband in public housing. Mk wants to legally formalise her relationship with her girlfriend without having to leave Hong Kong.

However, these cases — past and present — are just the tip of the iceberg. There remain many unlitigated rights and benefits available only to opposite-sex spouses and of which the public may be uninformed.

Many of these rights and benefits have seen the light of day in a report published by Allen & Overy and commissioned by the Equal Opportunities Commission on the recognition and treatment of relationships under Hong Kong law.

The report compares how opposite- and same-sex couples who are married or in civil partnerships, or who simply cohabit, are treated under Hong Kong legislation and government policies in 21 areas, including crime, death, employment, medical matters and public welfare.

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