Can you be gay in hong kong

Same-sex spouses have been eligible for dependent visas since a landmark case involving a woman known as QTwho was forced to stay in Hong Kong on a tourist visa after her partner, with whom she was in a civil union, moved to the city for work on the grounds that their partnership was not recognised under Hong Kong law.

It marked the latest in a long series of litigations surrounding LGBTQ issues, as same-sex couples in the city have been forced to carve out rights from laws often ruled as discriminatory since the city decriminalised sexual acts between gay men in Lesbian sex was never explicitly outlawed, although stigma surrounded such relationships, too.

Public support for granting same-sex couples the same rights as those enjoyed by married heterosexual couples has grown in the past decade, according to a long-term research project run by the University of Hong Kong, the Chinese University of Hong Kong, and the University of North Carolina in the US.

The latest findings, published in May, showed that 60 per cent of Hongkongers who took part in a survey supported same-sex marriageup from 38 per cent in when the poll was first conducted. The gay community continues to lobby for equal rights for same-sex unions, anti-discrimination legislation and social recognition of same-sex couples.

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While it remains that only a biological parent may be listed as legal parent — which, prior to the ruling, caused problems for couples who chose to have children with the assistance of a sperm or egg donor — it is now possible to apply to the court to formalise the parental rights of a non-biological partner.

Same-sex parents were granted a pathway to joint guardianship of their children after a landmark Court of First Instance judgement in The court ruled in May that year that a non-biological mother should be granted joint custody of her children with her ex-partner, who was the biological mother.

Inthe Court of Final Appeal gave transexual individuals who had undergone sex reassignment surgery SRS the right to marry as their affirmed gender. QT filed a legal challenge against the Immigration Department decision inwhich was dismissed by the Court of First Instance in In a unanimous judgement handed down in Julythe court agreed with the Court of Appeal that the differential treatment towards QT — namely denying her a spousal visa on the basis of marital status — amounted to unlawful discrimination.

Sham, who has since been detained since March under the national security lawmarried his partner in New York in The appeal panel also dismissed an assertion that failing to recognise same-sex unions entered into abroad violated the right to equality.

See also: Hong Kong trans activist Henry Tse fought for the right to be recognised as a man without full surgery — and won. A year later, Li dropped his challenge after the government clarified its position and regulations on after-death arrangements for surviving same-sex spouses in a letter to Li in July Ng launched the legal challenge after buying a government-subsidised flat and being told that Li was not eligible for joint-ownership because their marriage was not recognised.

LGBTQ rights remains one of the areas in which the city stands apart from mainland China, where same-sex sexual acts have been legal since but recent years have seen a crackdown on the community. But judges Ribeiro, Fok and Keane acknowledged that there was a need for same-sex couples to have access to an alternative legal framework to meet basic social requirements, and gave the government two years to come up with that framework.

The age of consent for both gay and heterosexual couples is Explore our gay travel guide to Hong Kong featuring LGBTQ+ safety tips, gay rights info, top cities & attractions, where to stay and more!. Interested in LGBT rights in Hong Kong?

At present, gay marriage is not legal in Hong Kong, and existing same-sex marriages are not formally recognised. Lesbian, gay, bisexual, and transgender (LGBTQ) people in Hong Kong (a special administrative region of China) may face legal challenges not experienced by non-LGBTQ residents.

Same-sex couples in the city have been forced to carve out rights from laws often ruled as discriminatory ever since the city decriminalised sexual acts between gay men in Hong Kong’s top. However, the decision was overturned by the Court of Appeal in Junewhich said that the Basic Law favours heterosexual marriage and therefore it is not discriminatory for gay people to be excluded from marrying.

Inthe Court of First Instance sided with Leung in the spousal benefit application, with judge Anderson Chow writing that allowing benefits to same-sex partners would not constitute indirect legalisation of same-sex marriage. Citing a study by the Equal Opportunities Commission, Suen said same-sex couples received differential treatment compared to heterosexual couples in more than legal areas.

Whether you're planning a trip or simply curious, our comprehensive guide covers laws, acceptance, and more. The couple were married in the United Kingdom in In lateNg, who had suffered from depression, died by suicide.

[1]. Those areas included marriage, housing, employment, medical, inheritance, immigration and more. Leung also argued that he was discriminated against on the basis of his sexual orientation by the Inland Revenue Department, which said he was not entitled to opt for joint assessment with his partner because same-sex marriage was not recognised.

In Junethe Court of Final Appeal ruled that employment-related spousal benefits such as medical coverage and joint tax assessment should be extended to same-sex couples who married overseas.