Hong Kong's legal battles over LGBTQ rights: key dates Hong Kong, Nov 26 (AFP) Nov 26, 2024 Hong Kong's LGBTQ community has long resorted to the courts to fight for equality and rights protection -- and that strategy has gradually paid off over the past decade. The Chinese city still does not permit same-sex marriage, but activists have won piecemeal victories that struck down discriminatory government policies on visas, taxes, inheritance and housing. Here are some key dates:
After the city was handed over to China in 1997, LGBTQ activists found limited success in a legislature packed with Beijing loyalists, and proposals for an anti-discrimination law on the basis of sexual orientation and gender identity went nowhere.
Appeal judges ruled in September 2006 that the Basic Law and Hong Kong's Bill of Rights should be read in a way that prohibited unlawful discrimination on the basis of sexual orientation. In the 2008 case of Cho Man-kit, the court said Hong Kong's Broadcasting Authority was wrong to publicly criticise a television documentary that featured same-sex marriage.
The plaintiff had completed gender confirmation surgery and should count as a woman for the purposes of getting married, which would allow her to marry a man, the judges said. In 2023, the Court of Final Appeal ruled that a transgender person can apply to change the "sex entry" on their Hong Kong identity card without having to fully complete surgery -- though activists say the government has not fully amended its policy to reflect the court's demands.
Many of their arguments focused on how certain Hong Kong government policies treated same-sex couples differently from opposite-sex couples without good reason. This led to the Court of Final Appeal siding with same-sex couples on issues such as spousal visas in 2018 and joint taxation in 2019.
On September 5, 2023, by a 3-2 vote, Hong Kong's top judges rejected same-sex marriage but ordered the government to set up an "alternative legal framework" to protect same-sex couples' rights. Officials were given a two-year deadline to pass relevant legislation. No bill has yet been tabled. The government told AFP in September that it was "formulating implementation details" -- but declined to say if a public consultation would be held. Sham was one of 45 democracy campaigners jailed this year after being found guilty of subversion under a Beijing-imposed national security law, though his case was not directly related to LGBTQ advocacy.
Resident Nick Infinger went to court over a policy that excluded him and his partner from public rental housing on the grounds they were not an "ordinary family". The case was later heard together with that of Henry Li and his late husband, Edgar Ng, who challenged government policies on subsidised housing and inheritance rules. The court unanimously dismissed the government's appeals. |
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