Landmark decision ends immigration policy that restricted such visas to those who are married and heterosexual
Hong Kong’s top court handed down a landmark ruling in favour of a lesbian expatriate on Wednesday, requiring immigration authorities to grant same-sex partners spousal visas previously available only to heterosexual couples.
In its unanimous decision that recruiters say will give the city an edge in hiring foreign talent, the Court of Final Appeal sided with the British citizen, known in court as QT, putting an end to a three-year legal battle against the immigration policy.
The finding against the Immigration Department 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.
“I was overjoyed,” QT, who is overseas, told reporters during a conference call.
She called the court decision “a small step for us, but one giant step for equality in Hong Kong”, and urged the government to protect the rights of the LGBT community.
The Court of Final Appeal’s ruling was, she said, a “loud and clear” affirmation of the community’s rights and acknowledges that “discrimination based on sexual orientation, like any other form of discrimination, is offensive and demeaning”.
“It is my hope that this case will pave the way for greater recognition of same-sex unions in Hong Kong,” she said, adding she hoped one day members of the LGBT community would be able to get married in Hong Kong.
She also thanked her partner for her support.
A jubilant moment for the local gay community, the ruling was also welcomed by a host of Hong Kong-based global financial institutions that have experienced difficulties relocating talent to the city because of the immigration restrictions.
In a 45-page judgment, five justices ruled that the director of immigration, the respondent in the case, had failed to demonstrate how not granting dependent visas to married same-sex couples, or those solemnised under civil union, helped fulfil its aims.
