Gay Marriage? Is Hong Kong about to take a First Step?

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fountainhall
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Gay Marriage? Is Hong Kong about to take a First Step?

Post by fountainhall » Sun Apr 28, 2019 2:04 pm

Since it got rid of the old British colonial era sodomy law in 1991, Hong Kong has emerged as a gay destination. It may not seem as open and free as Bangkok and Taipei, and a homophonic old guard still rules much of its roost. But it does seem that one High Court judge may be about to take the first step toward at the least civil partnerships,

A legal action commenced last year by a lesbian known only as MK argues that the lack of options for her to form a civil union with her partner impinged on her right to privacy and equality, amounting to a breach of Hong Kong's Basic Law, the city’s mini-constitution, and the its internationally-approved Bill of Rights.

The case is being heard before Mr. Justice Anderson Chow. Several Churches and other groups which are anti-gay unions and gay marriage petitioned the Court to become part of the action. Justice Chow to his credit quickly showed them the door.
“It needs to be emphasised the court cannot arbitrate on social, moral, religious or theological issues, and does not decide cases based on such a consideration,” he wrote.

“The court’s only proper role … is to determine the application based strictly on legal considerations.”
MK's case will be heard before Justice Chow on May 28.

Image
Pro-Gay Rights members of various Hong Kong churches hold rainbow flags outside the High Court

https://www.scmp.com/news/hong-kong/law ... -challenge

werner99
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Re: Gay Marriage? Is Hong Kong about to take a First Step?

Post by werner99 » Wed Jun 12, 2019 4:32 pm

Fountainhall,

What were the final results of this case? You seem very knowledgeable about matters relating to HK.

fountainhall
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Re: Gay Marriage? Is Hong Kong about to take a First Step?

Post by fountainhall » Wed Jun 12, 2019 5:37 pm

As far as I am aware, the case regarding MK has not yet reached a conclusion.

You may have read the other recent post about Hong Kong where the Hong Kong Court of Appeal upheld an earlier ruling that a gay couple, one of whom is a Hong Kong civil servant, who married in Australia 6 years ago can have certain spousal benefits in Hong Kong - see:

https://gaybuttonthai.com/viewtopic.php?f=4&t=9773

I worked in Hong Kong for 20 years in two long periods with 2 years in Tokyo in between. Even after I moved to live in Bangkok in 2001, I continued to run a small company in Hong Kong and commuted regularly until last year.

werner99
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Re: Gay Marriage? Is Hong Kong about to take a First Step?

Post by werner99 » Wed Jun 12, 2019 5:41 pm

The spouse in the spousal benefits case was from New Zealand, not Australia.

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