Hong Kong court: Denying same-sex spousal benefits unlawful

Law Journal

Hong Kong’s Court of Final Appeal said Thursday the government cannot deny spousal employment benefits to same-sex couples, in a ruling hailed as a major step forward for same-sex equality in the semi-autonomous Chinese territory.

The court overturned an earlier judgment, saying unanimously that denying same-sex couples access to spousal benefits is unlawful.

“It follows therefore that the ‘prevailing views of the community on marriage’ ... even if this can confidently be gauged in the first place, are simply not relevant to a consideration of the justification exercise,” the ruling said.

Although same-sex marriage is not recognized in Hong Kong, the judgment appears to move the territory further in that direction. Last year, the Court of Final Appeal ruled that the same-sex partner of a British expatriate married abroad was entitled to the same visa treatment as a heterosexual partner under immigration law.

Angus Leung, a senior immigration officer who brought the case on behalf of himself and his partner, Scott Adams, said the ruling was the culmination of a stressful four-year process.

“We understand that it is just a small step for the equality in Hong Kong,” Leung told reporters as he and Adams held hands outside the courthouse. “We think that as a small citizen, we shouldn’t be going through such a process to fight for such a basic family right.”

Leung urged the government to rectify discriminatory policies and legislation so that other couples wouldn’t have to undergo the same legal process.

Man-kei Tam, director of Amnesty International Hong Kong, called Thursday’s judgment a “huge step forward for equality” that brings Hong Kong “more in line with its international obligation to respect, protect and fulfil the rights of people with different sexual orientations.”

Tam also called on the government to review its laws, policies and practices to end all discrimination on the basis of sexual orientation, gender identity and intersex status, saying, “No one should experience discrimination because of who they are or who they love.”

It isn’t clear what effect the ruling might have on private businesses and organizations, although some already offer benefits to same-sex partners as they compete for top talent in finance, marketing and other fields for which Hong Kong is famous. In another sign of acceptance, the city of 7.4 million people is also preparing to host the 2022 Gay Games.

Related listings

  • Court to explore competency claim of ailing Alabama inmate

    Court to explore competency claim of ailing Alabama inmate

    Law Journal 10/01/2018

    The U.S. Supreme Court will hear arguments Tuesday in the case of an inmate sentenced to death for killing an Alabama police officer in 1985 but who lawyers say can no longer remember the murder because of stroke-induced dementia.Justices will decide...

  • 3 hurt in court shooting leave hospital; gunman identified

    3 hurt in court shooting leave hospital; gunman identified

    Law Journal 09/19/2018

    The wife of a gunman killed after he opened fire at a Pennsylvania municipal building Wednesday said in a social media post that she was OK but did not say whether she had been injured in the shooting.Crystal Dowdell, 39, posted on her Facebook accou...

  • Court, regulators clash over uranium project in South Dakota

    Court, regulators clash over uranium project in South Dakota

    Law Journal 08/11/2018

    Federal regulators recently abandoned a proposed survey of Native American cultural resources at a planned uranium mine site in the southwest part South Dakota, just days before a judge decided the survey is required by federal law.The contradictory ...

Illinois Work Injury Lawyers – Krol, Bongiorno & Given, LTD.

Accidents in the workplace are often caused by unsafe work conditions arising from ignoring safety rules, overlooking maintenance or other negligence of those in management. While we are one of the largest firms in Illinois dedicated solely to the representation of injured workers, we pride ourselves on the personal, one-on-one approach we deliver to each client.

Work accidents can cause serious injuries and sometimes permanent damage. Some extremely serious work injuries can permanently hinder a person’s ability to get around and continue their daily duties. Factors that affect one’s quality of life such as place of work, relationships with friends and family, and social standing can all be taken away quickly by a work injury. Although, you may not be able to recover all of your losses, you may be entitled to compensation as a result of your work injury. Krol, Bongiorno & Given, LTD. provides informed advocacy in all kinds of workers’ compensation claims, including:

• Injuries to the back and neck, including severe spinal cord injuries
• Serious head injuries
• Heart problems resulting from workplace activities
• Injuries to the knees, elbows, shoulders and other joints
• Injuries caused by repetitive movements

For Illinois Workers’ Compensation claims, you will ALWAYS cheat yourself if you do not hire an experienced attorney. When you hire Krol, Bongiorno & Given, Ltd, you will have someone to guide you through the process, and when it is time to settle, we will add value to your case IN EXCESS of our fee. In the last few years, employers and insurance carriers have sought to advance the argument that when you settle a case without an attorney, your already low settlement should be further reduced by 20% so that you do not get a “windfall.” Representing yourself in Illinois is a lose-lose proposition.