Two gay men mount first legal challenges to Hong Kong laws banning same-sex marriage, with court giving their applications green light to proceed

University student, 21, and activist, 31, argue in High Court that lack of options for same-sex couples to marry violate right to equality

Judge gives both applications nod to proceed, but will first deal with similar case

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Marriage laws in Hong Kong only allow ‘voluntary union for life of one man and one woman to the exclusion of all others’. Photo: Shutterstock

Published: 5:45pm, 3 Jan 2019Updated: 11:32pm, 3 Jan 2019

Two Hong Kong gay men have launched the first legal bids challenging the city for not allowing them to get married, it was revealed during a court hearing on Thursday.

The two separate legal challenges were mounted by a 21-year-old University Hong Kong student, known as TF, and a 31-year-old activist, known as STK, who argued in the High Court that the lack of options for same-sex couples to get married violated their right to equality under the city’s Bill of Rights and mini-constitution, the Basic Law.

Hong Kong does not recognise or permit marriage between two people of the same sex, an issue that has sparked numerous court challenges in recent years.

The High Court gave the two applications the green light. Photo: Roy Issa

But while there have been legal challenges relating to spousal visas, taxation and the lack of civil partnerships, it is the first time the issue at the core of the minority rights movement – whether same-sex couples should be allowed to marry – has come before Hong Kong’s courts.

A victory for the applicants would be the most progressive development for LGBT rights in the city. But on the other hand, some LGBT activists and legal experts fear that if the challenges are unsuccessful then potential advancements in smaller increments will be shut off.

Two gay men mount first legal challenges to Hong Kong laws banning same-sex marriage, with court giving their applications green light to proceed

University student, 21, and activist, 31, argue in High Court that lack of options for same-sex couples to marry violate right to equality Judge gives both applications nod to proceed, but will first deal with similar case

University student, 21, and activist, 31, argue in High Court that lack of options for same-sex couples to marry violate right to equality

Judge gives both applications nod to proceed, but will first deal with similar case