Hong Kong court: Denying same-sex spousal benefits unlawful

Legal Events

Hong Kong’s Court of Final Appeal said Thursday the government cannot deny spousal employment benefits to same-sex couples, in a ruling hailed as a major step forward for same-sex equality in the semi-autonomous Chinese territory.

The court overturned an earlier judgment, saying unanimously that denying same-sex couples access to spousal benefits is unlawful.

“It follows therefore that the ‘prevailing views of the community on marriage’ ... even if this can confidently be gauged in the first place, are simply not relevant to a consideration of the justification exercise,” the ruling said.

Although same-sex marriage is not recognized in Hong Kong, the judgment appears to move the territory further in that direction. Last year, the Court of Final Appeal ruled that the same-sex partner of a British expatriate married abroad was entitled to the same visa treatment as a heterosexual partner under immigration law.

Angus Leung, a senior immigration officer who brought the case on behalf of himself and his partner, Scott Adams, said the ruling was the culmination of a stressful four-year process.

“We understand that it is just a small step for the equality in Hong Kong,” Leung told reporters as he and Adams held hands outside the courthouse. “We think that as a small citizen, we shouldn’t be going through such a process to fight for such a basic family right.”

Leung urged the government to rectify discriminatory policies and legislation so that other couples wouldn’t have to undergo the same legal process.

Man-kei Tam, director of Amnesty International Hong Kong, called Thursday’s judgment a “huge step forward for equality” that brings Hong Kong “more in line with its international obligation to respect, protect and fulfil the rights of people with different sexual orientations.”

Tam also called on the government to review its laws, policies and practices to end all discrimination on the basis of sexual orientation, gender identity and intersex status, saying, “No one should experience discrimination because of who they are or who they love.”

It isn’t clear what effect the ruling might have on private businesses and organizations, although some already offer benefits to same-sex partners as they compete for top talent in finance, marketing and other fields for which Hong Kong is famous. In another sign of acceptance, the city of 7.4 million people is also preparing to host the 2022 Gay Games.

Related listings

  • South Africa ex-president Jacob Zuma in court for corruption

    South Africa ex-president Jacob Zuma in court for corruption

    Legal Events 05/20/2019

    Former South African president Jacob Zuma is in court facing charges of corruption, money laundering and racketeering.Zuma, 77, appeared at the High Court in Pietermaritzburg in eastern KwaZulu-Natal province Monday on charges of receiving bribes whe...

  • Supreme Court rejects appeal over Rosa Parks coat

    Supreme Court rejects appeal over Rosa Parks coat

    Legal Events 05/09/2019

    The U.S. Supreme Court has declined to hear a dispute over a coat that belonged to civil rights pioneer Rosa Parks.The court rejected an appeal Monday. A lawyer for the trustee of Parks' estate says relatives reneged on a deal to turn over a wool coa...

  • Nissan ex-chair Ghosn appeal on extended detention rejected

    Nissan ex-chair Ghosn appeal on extended detention rejected

    Legal Events 04/15/2019

    Japan's top court said Thursday it has rejected an appeal by former Nissan Chairman Carlos Ghosn's lawyers against his extended detention after his fourth arrest on allegations of financial misconduct.The decision upholds the extension of his detenti...

Car Accident Lawyers in New Rochelle, New York

If you have gotten in a car accident, it could seriously change your life. Whether the accident was caused by the other party’s fault or a fault of your own, you’ll want to to make sure that you are ready to prepare yourself for any cases that might follow.

Immediately following any type of car accident, it is important to take certain steps to ensure that the courts will treat you with respect and fairly. First, assess your mental and physical condition. Make sure right after the accident, you document any information regarding the accident and situation, it can be of great help later on.

You’ll want to make sure that you seek professional help for any medical conditions you may be experiencing. Do not wait to seek medical attention, you’ll want to make sure that you have documented evidence of the injury that was caused by the accident. The amount of treatment is also taken into consideration in every case.