The Hong Kong Court of Final Instance ruled on Tuesday in favor of same-sex civil unions.
The decision came in response to an appeal by activist Jimmy Sham, currently detained, who launched a legal battle in 2018 for Hong Kong to recognize his 10-year marriage to his partner in the United States. However, the recognition of same-sex marriage abroad was rejected.
The court considered that the Government was “violating its obligation (…) to legally recognize same-sex couples,” according to the sentence, quoted by the French agency AFP. However, it “unanimously rejected the appeal” concerning Sham’s marriage.
But the court suspended the declaration for two years to give the government time to define a legal framework on same-sex marriage, according to the local newspaper South China Morning Post.
The decision was eagerly awaited by the local LGBTQ+ community, which over the past decade has won major court victories, including overturning discriminatory government policies on visas, taxes and housing subsidies.
According to a survey conducted last year, 60% of Hong Kongers are in favor of same-sex marriage, up from 38% ten years ago.
The decision in favor of civil unions will have strong implications for the LGBTQ+ community and for the reputation of the financial center as an inclusive place to live and work, according to the US news agency AP.
More and more international companies present in Hong Kong support campaigns in favor of equal marriage, arguing that it will be easier to attract talent. However, Hong Kong’s pro-Beijing leaders have been reluctant to pass laws on LGBT+ rights in recent years.
Currently, Hong Kong only recognizes same-sex marriage for certain purposes, such as taxes, civil service benefits, and dependent visas.
Sham, 36, coordinated the Civil Human Rights Front, known for years for organizing the protest march on the anniversary of Hong Kong’s handover to China on July 1, 1997. The group also organized some of the largest protests policies that shook Hong Kong. in 2019, but was disbanded in 2021, under the national security law imposed by Beijing.
Sham has been detained since 2021 accused of subversion to overthrow the government, whose maximum penalty is life imprisonment. “Democracy is never a gift from heaven. It must be conquered by many with a strong will,” he said on March 1, 2021, before the court that confirmed his detention without bail.
“We will remain strong and we will fight for what we want,” he added at the time, quoted by British BBC television.
Source: TSF
