Hong Kong News

Nonpartisan, Noncommercial, unconstrained.
Wednesday, Mar 22, 2023

Last-ditch attempt to win Hong Kong recognition for same-sex marriage approved

Last-ditch attempt to win Hong Kong recognition for same-sex marriage approved

Court of Appeal approves human rights activist’s last-chance attempt to get recognition for same-sex unions.

Three Hong Kong judges have backed a human-rights activist’s bid to ask for recognition of his New York-registered same-sex marriage after his request for marital benefits in line with opposite-sex couples was twice turned down by city courts.

The Court of Appeal on Thursday granted detained activist Jimmy Sham Tsz-kit a certificate to allow his last attempt to win full rights for married same-sex partners at the Court of Final Appeal.

The move came after Sham, 35, asked for a judicial review in 2018 in an attempt to get a declaration that Hong Kong laws violated a constitutional right to equality by its recognition of foreign opposite-sex marriages but not same-sex ones.

But the Court of First Instance dismissed the application in September 2020 and a ruling by the lower appeal court in August upheld the initial judgment.

The opening ceremony of the 2020 Hong Kong Pride parade at the Fortune Metropolis in Hung Hom, although the format was restricted because of Covid-19 precautions.

Chief Judge of the High Court Jeremy Poon Shiu-chor, and Susan Kwan Shuk-hing and Carlye Chu Fun-ling, vice presidents of the appeal court, ruled that marriage was the preserve of opposite-sex couples and the government had no obligation to recognise same-sex unions.

But Sham’s counsel asked the panel of judges to approve an application for a final appeal, which has been granted.

The three judges said in a written decision that they were satisfied the questions that the case raised were of great public importance and should be determined by the city’s highest court.

“Having considered their submissions, we are inclined to think that the applicant has met the threshold they are reasonably arguable, even though we do not consider the arguments to be particularly strong,” the ruling, which did not identify its author, said.

Hong Kong only recognises same-sex marriage for limited purposes such as taxation, inheritance rights and civil service benefits. The concessions were mostly achieved through legal action taken over the last few years.

The government has still to carry out a wider review of its policies on same-sex unions.

The top court will be asked to decide whether the exclusion of same-sex couples from marriage and a failure to provide an alternative legal recognition of same-sex partnerships violated the right to equality and privacy enshrined in the Basic Law, the city’s mini-constitution.

The appellant’s counsel, as a fallback position, is also seeking the court’s determination on whether a failure to recognise same-sex marriages carried out overseas constituted a breach of the Basic Law.

Sham, a former convenor of the now-disbanded Civil Human Rights Front, married in the United States in 2013.

He is at present in custody facing subversion charges in connection with allegations he took part in an unofficial legislative primary election in 2020.

Sham and 29 other people have indicated their wish to plead guilty. A further 17 defendants who have denied the offence will stand trial early next year.

Related Articles

Hong Kong News
Credit Suisse's Scandalous History Resulted in an Obvious Collapse - It's time for regulators who fail to do their job to be held accountable and serve as an example by being behind bars.
Goldman Sachs cuts outlook for European bank debt over Credit Suisse crisis
Paris Rioting vs Macron anti democratic law
'Sexual Fantasy' Assignment At US School Outrages Parents
The US government has charged Chinese businessman Guo Wengui with leading a $1 billion fraud scheme that cheated thousands of followers out of their money.
Credit Suisse to borrow $54 billion from Swiss central bank
The BBC problem about China
Russian Hackers Preparing New Cyber Assault Against Ukraine
"Will Fly Wherever International Law Allows": US Warns Russia After Drone Incident
If this was in Tehran, Moscow or Hong Kong
Announcing GPT-4
TRUMP: "Standing before you today, I am the only candidate who can make this promise: I will prevent World War III."
China is calling out the US, UK, and Australia on their submarine pact, claiming they are going further down a dangerous road
A brief banking situation report
We are witnessing widespread bank fails and the president just gave a 5 min speech then walked off camera.
Donald Trump's asked by Tucker Carlson question on if the U.S. should support regime change in Russia?.
'No relation to the American SVB': India's SVC Bank acts to calm depositors amid brand name confusion.
Good news: The U.S. government is now guaranteeing all deposits, held by, Silicon Valley Bank, and the funds are available as of today
Silicon Valley Bank exec was Lehman Brothers CFO
In a potential last-ditch effort, HSBC is considering a rescue deal to save Silicon Valley Bank UK from insolvency
Saudi Arabia has announced a major breakthrough in diplomacy with Iran after two years of intense talks
Elon Musk Is Planning To Build A Town In Texas For His Employees
The Silicon Valley Bank’s collapse effect is spreading around the world, affecting startup companies across the globe
City officials in Berlin announced on Thursday that all swimmers at public pools will soon be allowed to swim topless
Fitness scam
Market Chaos as USDC Loses Peg to USD after $3.3 Billion Reserves Held by Silicon Valley Bank Closed.
A primitive judge in Australia sparked outrage when he told a breastfeeding woman to leave his courtroom for being “a distraction"
Barcelona is feeling the heat as they face corruption charges over payments to former vice-president of Spain's referees' committee, Jose Maria Enriquez Negreira
Banking regulators close SVB, the largest bank failure since the financial crisis
Silicon Valley Bank: Struggles Threaten Tech Startup Ecosystem"
The unelected UK Prime Minister Rishi Sunak, an immigrant himself, defends new controversial crackdown on illegal migration
Old clip of Bill Gates saying Ukraine is a big, fat, corrupt sinkhole is going viral
Man’s penis amputated by mistake after he’s wrongly diagnosed with a tumour
2 universities in Hong Kong embrace use of ChatGPT, other AI tools
In a major snub to Downing Street's Silicon Valley dreams, UK chip giant Arm has dealt a serious blow to the government's economic strategy by opting for a US listing
Missing Chinese banker was working to set up Singapore family office
Hong Kong ditches Covid mask mandate after 945 days
Xi Jinping and His Wife Meet with Cambodian King Norodom Sihamoni and Queen Mother Norodom Monineath Sihanouk
How do stolen goods end up on Amazon, eBay and Facebook Marketplace?
It's the question on everyone's lips: could a four-day workweek be the future of employment?
Is Gold the Ultimate Safe Haven Asset in Times of Uncertainty?
Spain officials quit over trains that were too wide for tunnels...
Hello. Here is our news digest from London.
Corruption and Influence Buying Uncovered in International Mainstream Media: Investigation Reveals Growing Disinformation Mercenaries
When it comes to Tesla vs Lamborghini, an empty vessel makes more noise
European MP Clare Daly condemns US attack on Nord Stream
Former U.S. President Carter will spend his remaining time at home and receive hospice care instead of medication
North Korea test-fires an intercontinental ballistic missile into the Sea of Japan west of Hokkaido
US bombed Nord Stream gas pipelines, claims investigative journalist Seymour Hersh
US Joins 15 NATO Nations in Largest Space Data Collection Initiative in History