Hong Kong gay equal rights, but won the decision is hard to shake law

[International News]     11 Mar 2020
Another gay affirmative action case in hong kong. The High Court of Hong Kong ruled earlier this month (4 March) that it was unconstitutional for the Hong Kong government house Committee (HA) to refuse a couple of married same-sexcouples to apply for public rental house,. Before losing the case, the HA indicated to The British Broadcasting Corporation in Chinese that it would study the judgment to...

Same-sex rights ads at MTR stations in Hong Kong

Another gay affirmative action case in hong kong. The High Court of Hong Kong ruled earlier this month (4 March) that it was unconstitutional for the Hong Kong government house Committee (HA) to refuse a couple of married same-sexcouples to apply for public rental house,. Before losing the case, the HA indicated to The British Broadcasting Corporation in Chinese that it would study the judgment to "follow up properly" and decide whether to proceed with the appeal within the statutory time limit.

Hong Kong`s gay rights group said the ruling was another important decision since last year when Mr Leung, Senior Immigration Officer of the Hong Kong Government, filed a final decision in favour of a civil servant`s spouse benefit.

Affirmative action groups told The British Broadcasting Corporation in chinese that it would help push for same-sex marriage in hong kong. Today, however, the government`s law attitude towards the revision of gay rights and interests is negative, resulting in the need to rely on individuals or partners to go to court litigation, is a waste of money.

There are no same-sex marriage or partnerships in Hong Kong for law ,2019 years, and a judicial review application for legalisation of same-sex marriage or civil contracting MK" a pair of female gay partners in Hong Kong is still pending appeal. Meanwhile, the convenor of the Hong Kong Folk human rights Front, the District councillor, Cen Zijie and his partner also filed a proposal to the court for gay marriage rights.

Housing Case: Hong Kong gay Affirmative Action Another Victory 

The day after TW same-sex marriage were legal, some same-sexcouples took group photos on the streets of Hong Kong. Hong Kong`s homosexual love legislation is still struggling, but judicial decisions are increasing

Nick Ngzenge (Nick Infinger) and his same-sexcouples, both permanent residents of Hong Kong, applied to the Housing Authority for public rental housing (equivalent to the public rental housing of the mainland of China and the TW State House) in Canada for marry .2018 years. On 4 March 2020, the court of First Instance of the High Court ruled that the HA`s actions were unconstitutional and that priority should be given to re-examining the applicants` applications for public rental housing.

Mr Ng asked the lawer to make a statement welcoming the verdict, but said the case highlighted only one of the many acts of discrimination gay the government.

The decision is important to safeguard the economic vulnerable Hong Kong gay, Mr Chan told The British Broadcasting Corporation Chinese, however, that promoting Hong Kong`s co-operation for many years the first judicial challenge to Hong Kong`s low-income same-sexcouples well-being.

The legislation will, however, councillor Mr Leung to criticize the ruling, stating that judge reference to article 25 of the Basic Law, which states that "Hong Kong residents are equal before law ", is" not absolute ".

"The right of discretion should be exercised in the light of the actual situation on the ground and the question should be raised as to why people who have extramarital affairs can not rights, if same-sexcouples are also equal? "she said.

Hong kong gay marriage dawn? 

More than half of respondents in 2017 supported a significant increase in same-sex marriage, from 38 per cent in 2013, while 78 per cent believed that same-sexcouples should enjoy certain sexual partner benefits, according to a survey published by the Centre for Comparative and Public Law Studies of the University of Hong Kong. According to the researchers, this shows that Hong Kong`s views on gay rights are increasingly positive.

The biggest obstacle to same-sex marriage legislation in Hong Kong government ." however, Mr Chan told The British Broadcasting Corporation in Chinese, because government fear of taking the initiative to do affirmative work and being very passive about the amendment to protect Hong Kong`s gay rights and interests, leading to local individuals or partners going to court suing the Government. "

One by one, year after year with the government ," evolved into the appellant spent a lot of time and money, and the hong kong government also took taxpayer money to the public court, without economic support, it is difficult for people to spend money and effort to go to court with the government, the people hurt money. "Chen Zhiquan added.

The Supreme Court of Hong Kong, which rejected the application for MK same-sexcouples in 2019, judge Zhou Jiaming, facilitated a comprehensive review of the matter in the judgment ." Otherwise, the relevant legislation and policies will again be challenged in relation to discrimination and will waste a lot of time and "While article 37 of the Basic Law guarantees only the opposite sex marriage, it does not mean that the same-sex marriage ,legislation authorities can still legislation and allow same-sex marriage ."," Zhou added

Chao Shi Chi (first right) is a famous gay affirmative action person in Hong Kong

On behalf of the Hong Kong marriage Affirmative Action Association (Hong Kong Marriage Equality), Zhao said that every victory in a different court decision would help them promote equal rights marriage Hong Kong.

As the report handed to the Government by the Equal Opportunities Commission in 2019 showed that more than 200 decrees had accumulated since the Hong Kong-British period and were unfair or inapplicable to Hong Kong`s homosexual love interests, she said the judgments could support the Equal Opportunities Report and continue to urge the Government to amend the decree.

Chao told The British Broadcasting Corporation in chinese that the government has not been actively handling it. "No government department has yet the courage to propose amendments to the Act, so the reality is that homosexual love individual takes the court route. "

Mr. Chan said most same-sexcouples, in Hong Kong now have to register in countries where the same sex marriage is legal before returning to Hong Kong for legal action. Therefore, access to justice is not easy for partners who do not have the economic ability to marry abroad. Therefore, he called on Hong Kong government to enact a bill that would give Hong Kong same-sexcouples civil union.

Chen stressed that the Anti-Discrimination Ordinance, now promoted by sports groups, is an important bill that has been delayed for more than 20 years and is a crucial step.

The Hong Kong law`s decision, in fact, judge will largely refer to the previous relevant decision. "Therefore, if the MK applies for a same-sexcouples combination of the case appeal victory, then the following Ceng Zijie case, more confident can be passed, both inside and outside the system need to step by step. "explained Chen Zhiquan.

Mr. Sun Yaodong, assistant professor of gender studies at the Chinese University of Hong Kong, also told The British Broadcasting Corporation that the discussion gay Hong Kong has shifted from cultural and moral identity to public debate on whether gay rights should be in the public domain.

Hong Kong Group Against gay Interests

The plight of Hong Kong`s sexual minorities 

The representative of Enko lawer made a written comment on his behalf, saying :" The ruling highlights only one example of the many discriminatory and unconstitutional government policies faced by, homosexual love, bisexual, transgender and intersex) face a number of discriminatory and unconstitutional government policies on a daily basis. More than a few judgments against government will allow government to stop relying on discriminatory policies and introduce discriminatory LGBTI legislation? in Hong Kong "

According to Mr Zhao, there are about 700,000 homosexual love residents in Hong Kong today, according to the usual proportion of one in ten. While the gay movement has been developing slowly, homosexual love is invisible in Hong Kong, not very aware of their rights, do not know how to speak for themselves at work or when they are bullied on campus, and lack gender equality or sex education on campus.

"As these have a negative impact on the mental health of the homosexual love, it is important to raise public awareness of their rights. "Zhao added.

Ms. Guo Qin, an associate professor at the Hong Kong University of Education, told The British Broadcasting Corporation that she had observed that mainstream or non-mainstream media in Hong Kong were paying more attention to sexual minorities than before, especially to minority groups such as the cross-sex community.

She believes that the first reason is the educational effect of celebrities coming out (such as Zhao Zhi or he Yunshi). Secondly, most university general education programmes have many opportunities to invite friends from sexual minorities to interact with student lecturers, and inter-ethnic interaction is conducive to increasing knowledge and reducing discrimination or prejudice. Moreover, Hong Kong people are experiencing unprecedented political and cultural changes and challenges. People are generally more aware of human rights than before. For example, students are more aware of what is called just peace and so on.

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