Same-sex couples in Hong Kong ‘should be granted lifelong spousal visas’, Court of Final Appeal rules

Authored by scmp.com and submitted by madazzahatter

Hong Kong’s top court ruled unanimously in favour of a lesbian expatriate on Wednesday, requiring the city’s Immigration Department to grant lifelong same-sex couples spousal visas just as it would for those who are married and heterosexual.

In its landmark ruling, the Court of Final Appeal sided with the British citizen, known in court as QT, putting an end to a three-year legal battle – which even top global banks tried to join – against the immigration policy.

The decision means the marriage status and civil union partnerships of same-sex couples will be recognised in Hong Kong for the specific purpose of a dependant visa. However, the city’s definition of marriage, between a man and a woman, remains unchanged.

A jubilant moment for the local LGBT community, the ruling is expected to be welcomed by a host of Hong Kong-based global financial institutions that have experienced difficulties relocating talent due to the immigration restrictions.

Lodged in 2015, the case centred on the department’s refusal to grant QT a dependant visa, which is normally available for heterosexual married couples.

QT entered a civil partnership back in Britain with her spouse – known as SS – months before SS secured a job and they moved to Hong Kong in 2011. After being denied a dependant visa, QT filed a judicial review against the director of immigration.

The legal fight took some dramatic turns. In 2016, QT lost at the Court of First Instance, which ruled the case was an attempt to get same-sex marriage recognised through the “back door”.

A year later, the Court of Appeal overturned the lower court’s decision, saying that by granting the dependant visa, it would not endanger the institution of marriage. The immigration department then filed the final appeal.

A host of Hong Kong-based global financial institutions, including Goldman Sachs Services (Asia) and Morgan Stanley Asia, offered to join both the appeal and final appeal, while human rights advocacy group Amnesty International proposed attending the latter. The courts declined their offers.

GenericOfficeMan on July 4th, 2018 at 07:56 UTC »

Life long until 2047

myne on July 4th, 2018 at 03:33 UTC »

<Always sunny music>

Xi's gang cancels Hong Kong's "separate system."

kareev on July 4th, 2018 at 03:09 UTC »

Equality !! Wohooo!!!