‘Giant step forward for equality’ in Hong Kong as same-sex couples win right to spousal visas in Court of Final Appeal

Landmark decision ends immigration policy that restricted such visas to those who are married and heterosexual

Reading Time:4 minutes

The case of the British citizen had been winding through the Hong Kong court system since 2015. Photo: Shutterstock

Published: 10:15am, 4 Jul 2018Updated: 1:47pm, 5 Jul 2018

Hong Kong’s top court handed down a landmark ruling in favour of a lesbian expatriate on Wednesday, requiring immigration authorities to grant same-sex partners spousal visas previously available only to heterosexual couples.

In its unanimous decision that recruiters say will give the city an edge in hiring foreign talent, the Court of Final Appeal sided with the British citizen, known in court as QT, putting an end to a three-year legal battle against the immigration policy.

The finding against the Immigration Department means the marriage status and civil union partnerships of same-sex couples will be recognised in Hong Kong for the specific purpose of a dependant visa. However, the city’s definition of marriage, between a man and a woman, remains unchanged.

“I was overjoyed,” QT, who is overseas, told reporters during a conference call.

She called the court decision “a small step for us, but one giant step for equality in Hong Kong”, and urged the government to protect the rights of the LGBT community.

The Court of Final Appeal’s ruling was a “loud and clear” affirmation of the community’s rights, she said, and acknowledges that “discrimination based on sexual orientation, like any other form of discrimination, is offensive and demeaning”.