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Woman takes unprecedented step to advance LGBT cause in Hong Kong and sues government over civil partnerships ban

Hongkonger claims stance violates her rights and is breach of Basic Law and Bill of Rights, but lawyer sounds note of caution saying failing to win could do serious harm to LGBT cause in city

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The case is the latest step in the LGBT community’s fight for equality in Hong Kong. Photo: AP

A Hong Kong woman is suing the Hong Kong government for denying her the right to enter into a civil partnership with her female partner.

In an unprecedented legal bid in the city, the woman, known only as Mk, has argued that the stance impinges on her rights to privacy and equality, amounting to a breach of the Basic Law, the city’s mini constitution, and the Bill of Rights.

The application for a judicial review, which focuses specifically on civil partnerships and not same-sex marriage, was filed in a confidential court document in June, but details did not emerge until Friday during a preliminary hearing at the High Court.

The judicial review was filed in June, but details only emerged on Friday during a hearing at the High Court. Photo: Roy Issa
The judicial review was filed in June, but details only emerged on Friday during a hearing at the High Court. Photo: Roy Issa

The far-reaching implications of the case were apparent during the brief 30-minute hearing, as government lawyers said the litigation would involve input from all 13 government departments, and asked the court to grant them more time.

At present Hong Kong only recognises heterosexual marriage, and Mr Justice Anderson Chow Ka-ming indicated he expected the case to be heard in the first half of next year.

Chris Lau
Chris Lau is a reporter specialising in court and legal affairs in Hong Kong. From criminal justice to constitutional issues, he brings in the latest updates and in-depth analysis on legal issues that affect all aspects of the city. He also covers human rights issues extensively.
Kimmy Chung joined the Post in 2017 and reports for the Hong Kong desk on local politics and Hong Kong-mainland issues. Prior to joining the Post, she covered Hong Kong politics and social policies for more than six years for different media outlets.
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