HONG KONG: Hong Kong's best court docket ruled on Wednesday that a British lesbian will have to be granted a spousal visa in a landmark judgment that might open the door for expatriate same-sex companions to move to the Chinese-ruled city.
The British woman, who requested to be identified only as QT in court docket, sued the director of immigration in 2014 after she was once denied a spousal visa that might have granted her resident status and allowed her to paintings without the need for a separate visa.
The woman and her spouse, a dual British and South African national identified only as SS and who was once presented paintings in Hong Kong, had entered into a civil partnership in Britain. QT didn't seem in court docket.
"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 mentioned in a observation.
She plans to are living in Hong Kong, as an alternative of flying back and forth to Britain as she has been doing for years.
"I won't feel like a second citizen anymore and I can have the basic rights like anyone else, from as simple as having a library card to having healthcare," she instructed journalists through phone.
The unanimous ruling through five judges, upholding a decrease court docket's determination, brings to an end the case involving rights for the lesbian, homosexual, bisexual and transgender (LGBT) neighborhood, which gained enhance from greater than 30 world banks and legislation firms, together with Goldman Sachs and Morgan Stanley.
"This ruling strengthens Hong Kong's ability to attract global talent and its competitiveness as Asia's pre-eminent global centre for commerce," the companies mentioned in a observation.
The determination goes past immigration and effectively recognises the rights of native and foreign same-sex couples who legally entered civil partnerships in a foreign country, mentioned the British woman's lawyer, Michael Vidler.
"We never argued this case is about same-sex marriage for Hong Kong, but we hope this case will pave the way for exactly that," he mentioned outside the Court of Final Appeal.
Hong Kong's Immigration Department mentioned it respected the ruling.
"We are studying the judgment carefully and shall seek legal advice as necessary before deciding the way forward," it mentioned.
"SHAKY FOUNDATIONS"
Hong Kong may grow to be the first Asian jurisdiction to formally grant dependent visas to same-sex companions, although it already makes some exceptions to diplomats.
Foreign diplomats in mainland China also say the Chinese executive has been issuing de facto spousal visas to same-sex companions lately.
Although Taiwan set a precedent in Asia final year when its constitutional court docket ruled that same-sex couples have the best to legally marry, homosexual marriage has not been legalised but.
An reputable web site mentioned that same-sex spouses do not qualify as spouses for immigration functions.
Japan does not formally grant dependent visas to same-sex couples, however some married foreign couples say they controlled to get one.
Hong Kong is a popular destination for expatriates, a lot of whom paintings within the city's monetary services and felony sectors.
Homosexuality was once decriminalised in 1991, even though marriage is legally defined as a monogamous union between a person and a woman. It does not recognise same-sex marriage.
There is not any legislation towards sexual discrimination within the territory which is ruled below a "one country, two systems" formula that promises it a prime stage of autonomy, a felony system break away that of mainland China and an unbiased judiciary.
In a 45-page judgment, the judges mentioned the director of immigration's assertion that an evident distinction existed between marriage and a civil partnership rested on "shaky foundations".
The court docket also mentioned that while the director of immigration's coverage aimed to attract foreign talent, the act of rejecting same-sex companions was once counter-productive.
It had not allowed the 31 world banks and legislation firms' to join within the court docket case, however said their effort within the judgment.
"As is evident from the attempted intervention of the banks and law firms, the ability to bring in dependants is an important issue for persons deciding whether to move to Hong Kong," it mentioned.
Veteran LGBT activist Billy Leung, who arrived at court docket with a small rainbow flag, mentioned he knew no less than six same-sex couples who had chosen not to move to Hong Kong or had left the town previously five years over what they described as a lack of LGBT-friendly insurance policies.
"The struggle is real," he mentioned.
The British woman, who requested to be identified only as QT in court docket, sued the director of immigration in 2014 after she was once denied a spousal visa that might have granted her resident status and allowed her to paintings without the need for a separate visa.
The woman and her spouse, a dual British and South African national identified only as SS and who was once presented paintings in Hong Kong, had entered into a civil partnership in Britain. QT didn't seem in court docket.
"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 mentioned in a observation.
She plans to are living in Hong Kong, as an alternative of flying back and forth to Britain as she has been doing for years.
"I won't feel like a second citizen anymore and I can have the basic rights like anyone else, from as simple as having a library card to having healthcare," she instructed journalists through phone.
The unanimous ruling through five judges, upholding a decrease court docket's determination, brings to an end the case involving rights for the lesbian, homosexual, bisexual and transgender (LGBT) neighborhood, which gained enhance from greater than 30 world banks and legislation firms, together with Goldman Sachs and Morgan Stanley.
"This ruling strengthens Hong Kong's ability to attract global talent and its competitiveness as Asia's pre-eminent global centre for commerce," the companies mentioned in a observation.
The determination goes past immigration and effectively recognises the rights of native and foreign same-sex couples who legally entered civil partnerships in a foreign country, mentioned the British woman's lawyer, Michael Vidler.
"We never argued this case is about same-sex marriage for Hong Kong, but we hope this case will pave the way for exactly that," he mentioned outside the Court of Final Appeal.
Hong Kong's Immigration Department mentioned it respected the ruling.
"We are studying the judgment carefully and shall seek legal advice as necessary before deciding the way forward," it mentioned.
"SHAKY FOUNDATIONS"
Hong Kong may grow to be the first Asian jurisdiction to formally grant dependent visas to same-sex companions, although it already makes some exceptions to diplomats.
Foreign diplomats in mainland China also say the Chinese executive has been issuing de facto spousal visas to same-sex companions lately.
Although Taiwan set a precedent in Asia final year when its constitutional court docket ruled that same-sex couples have the best to legally marry, homosexual marriage has not been legalised but.
An reputable web site mentioned that same-sex spouses do not qualify as spouses for immigration functions.
Japan does not formally grant dependent visas to same-sex couples, however some married foreign couples say they controlled to get one.
Hong Kong is a popular destination for expatriates, a lot of whom paintings within the city's monetary services and felony sectors.
Homosexuality was once decriminalised in 1991, even though marriage is legally defined as a monogamous union between a person and a woman. It does not recognise same-sex marriage.
There is not any legislation towards sexual discrimination within the territory which is ruled below a "one country, two systems" formula that promises it a prime stage of autonomy, a felony system break away that of mainland China and an unbiased judiciary.
In a 45-page judgment, the judges mentioned the director of immigration's assertion that an evident distinction existed between marriage and a civil partnership rested on "shaky foundations".
The court docket also mentioned that while the director of immigration's coverage aimed to attract foreign talent, the act of rejecting same-sex companions was once counter-productive.
It had not allowed the 31 world banks and legislation firms' to join within the court docket case, however said their effort within the judgment.
"As is evident from the attempted intervention of the banks and law firms, the ability to bring in dependants is an important issue for persons deciding whether to move to Hong Kong," it mentioned.
Veteran LGBT activist Billy Leung, who arrived at court docket with a small rainbow flag, mentioned he knew no less than six same-sex couples who had chosen not to move to Hong Kong or had left the town previously five years over what they described as a lack of LGBT-friendly insurance policies.
"The struggle is real," he mentioned.
Top Hong Kong court grants UK lesbian right to spousal visa
![Top Hong Kong court grants UK lesbian right to spousal visa]()
Reviewed by Kailash
on
July 04, 2018
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