Lawyers for Hong Kong rights activist Jimmy Sham urge court to recognise his same-sex marriage

Human rights activist Jimmy Sham Tsz-kit has demanded Hong Kong recognise his same-sex marriage registered in New York, with his lawyers saying that denial violates his constitutional right to equality.

Gay couples in the city have won access to equal treatment in certain areas – in dependant visas and public housing applications, tax declarations and spousal benefits afforded to civil servants – via one legal challenge at a time.

“But when can we rely on our marital status and when can we not?” Sham asked. “The situation has left us very confused.”

In an unprecedented application for judicial review, lawyers for Sham, convenor of the Civil Human Rights Front, are arguing for a general declaration that Hong Kong laws violate the right to equality as guaranteed by Article 25 of the Basic Law, the city’s mini-constitution, when they do not recognise foreign same-sex marriages.

Hectar Pun Hei SC said his client was entitled to be recognised as married in Hong Kong because the law should treat people equally and the government had failed to justify the denial of this legal status, despite having recognised foreign heterosexual marriages.

Sham argued the government’s differential treatment based on sexual orientation had resulted in an unacceptably harsh burden on people like him since they were deprived of a whole range of rights and benefits associated with marriage.

“In this way, we do it in one go,” Pun told the High Court on Friday. “We should not burden Mr Sham to come to court 100 times to fight for 100 benefits – it’s simply unfair.”