A historic court case which could pave the way for equal rights for foreign same-sex couples is underway in Hong Kong.
The city’s Court of Final Appeal is hearing the case of ‘QT’ and her female partner.
‘This is a landmark case for Hong Kong and an important moment for the rights of LGBTI people here and elsewhere. No one should experience discrimination because of who they are, or who they love,’ said Jan Wetzel, Senior Policy Advisor at Amnesty International.
QT has been in a long running battle with Hong Kong authorities as she fights to get a dependant visa.
Both foreign nationals, QT married her partner in a UK civil partnership years ago.
But the Hong Kong Immigration Department denied QT a dependant visa after her partner got a job there in 2011.
That means QT has had to live there on a tourist visa and denied the right to work. The couple are also denied the same rights as heterosexual couples. Some of those rights include; getting permanent residency or receiving subsidized public hospital services.
QT won a historic case in September, 2017 in Hong Kong’s lower appeal court. That court ruled in favour of the couple’s British civil partnership being recognized in Hong Kong for a dependant visa.
But a short time after that ruling, the government appealed against the decision.
The couple’s legal battle is regarded as an important test case. It has led to wide interest and support for the couple.
‘Hong Kong risks being left behind when it comes to equality for LGBTI people, as across the globe – including in Asia – there is growing recognition of the rights of same-sex couples, including residence permits and visas for same-sex partners,’ Wetzel said.
‘The Hong Kong government should respect equality and end discrimination against same-sex couples.’
Immigration Department has won before
The start of the court case this week comes just days after the Immigration Department won an appeal against another ruling in favor of same-sex couples.
In 2015, Angus Leung Chun-kwong sued the Immigration Department where he worked since 2002 for refusing to recognize his marriage to Scott Adams whom he married in New Zealand in 2014. Adams is a UK citizen who lives in Hong Kong and the couple have been together for 13 years.
Last year, Leung won a court battle against his former employer, but on Friday an appeals court overturned that decision.
‘Out of Policy’ visas
Pending the Court of Final Appeal’s decision in the QT case, the Immigration Department has started issuing visas to same-sex couples.
The visas allow partner’s to have resident status, have a Hong Kong national ID card, take up employment or education.
But they might not permanent, depending on the court’s ruling.
