HK court grants UK lesbian right to spousal visa
hong kong — Hong Kong’s top court ruled on Wednesday that a British lesbian should be granted a spousal visa, upholding a lower court’s decision, in a landmark judgment that could open the door for expatriates’ same-sex partners to move to the financial hub.
The British woman, identified only as QT in court, sued the director of immigration in 2014 after she was denied a spousal visa that would have granted her resident status and allowed her to work without the need for a separate visa.
The woman and her partner, a dual British and South African national identified only as SS who was offered work in Hong Kong, had entered into a civil partnership in Britain.
“Although I cannot be with you in person today, that does not diminish
the joy I feel, knowing that Hong Kong’s highest court has upheld my right, as a lesbian woman, to be treated equally by the Hong Kong government,” QT said.
The unanimous ruling by five judges brings to an end the landmark case involving rights for the lesbian, gay, bisexual and transgender (LGBT) community, which has garnered support from more than 30 top global banks and law firms,
including Goldman Sachs and Morgan Stanley. Hong Kong is a popular destination for expatriates, many of whom work in the city’s financial services and legal sectors.
Marriage is legally defined as a monogamous union between a man and a woman in Hong Kong.
There is no law against sexual discrimination in the Chinese territory which is governed under a “one country, two systems” formula that promises it a high degree of autonomy, a legal system separate from that of mainland China and an independent judiciary. The Department of Immigration said it respected the court’s decision.
“We are studying the judgment carefully and shall seek legal advice as necessary before deciding the way forward,” it said.
The public’s support for samesex marriage has “grown markedly over a short period”, according to a study by the University of Hong Kong released on Tuesday.
In 2013, 38 per cent of the some 400 people surveyed by the Centre for Comparative and Public Law supported same-sex marriage. A similar poll with over 1,400 people last year found more than half believed same-sex couples should be allowed to marry.—