End all discrimination against same-sex partners
- The Equal Opportunities Commission has identified as many as 100 ways in which the law in Hong Kong favours heterosexual married couples
Despite growing acceptance of same-sex relationships in Hong Kong, discrimination still exists across various sectors of society. This is further entrenched by laws and policies based on the concept of marriage between a man and a woman. The anomaly reflects badly on Hong Kong as an open and tolerant society.
In a welcome first, a report commissioned by the Equal Opportunities Commission has identified as many as 100 ways in which people in same-sex marriages or partnership can be treated differently from heterosexual married couples under the law. The study examined more than 1,700 provisions across the city’s 537 ordinances and subsidiary laws, covering a wide range of areas such as taxation, personal data protection, banking and financial services, public welfare, medical services, inheritance, diplomatic immunity and criminal investigation.
LGBT couples ‘treated differently 100 ways’ by Hong Kong law
For example, a married person cannot be guilty of indecently assaulting his or her spouse under the law, but the same defence is not available to a person accused of indecently assaulting his or her civil partner, cohabitee, or same-sex spouse. Even the existing anti-discrimination legislations have different degrees of recognition of same-sex cohabitation and partnership.
The findings should not be surprising. While the city aspires to be equal and just, many legislations and policies were made before the LGBT movement had gained momentum in our society, where conservative customs and values prevail. It was only recently that the city’s highest court upheld a gay civil servant’s right to spousal benefits and joint tax assessment with his partner. The couple were legally married overseas. Meanwhile, Taiwan has become the first place in Asia to legalise same-sex marriage.
There were doubts whether the anti-discrimination watchdog was as committed as it used to be in promoting LGBT rights. The study should renew the momentum in a long-overdue review of the city’s statute book and policies. Admittedly, same-sex marriage remains a controversial issue. Even though legalisation cannot be achieved overnight, the growing acceptance of same-sex partnerships is a phenomenon to be reckoned with. Removing institutionally and legally embedded discrimination is only fair.
