Hong Kong’s top court rules in favour of legal recognition for same-sex couples

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Hong Kong’s top court rules in favour of legal recognition for same-sex couples
theguardian.com

Hong Kong must provide an alternative to marriage in order to legally recognise the rights of same-sex couples, the city’s highest court has declared, opening the way for civil unions.

However, it rejected appeals against current laws which restrict marriage to heterosexual couples and refuse to recognise overseas same-sex marriages, despite majority support among the population.

The ruling said Hong Kong’s government was “in violation of its positive obligations” under the bill of rights to provide a legal framework to recognise same-sex couples outside the institution of marriage, and gave it two years to establish a system.

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That’ll last maybe a few years until the CCP’s crusade against “bourgeois decadence” spills over from the mainland.

I’m pretty sure they gave up fighting the bourgeois three decades ago.
Also, in the mainland, it’s more of a cultural thing. For some reason there’s a lot of tension and lack of interest around the topic and the CCP doesn’t go against or advertise against it either, but they don’t provide for LGBT either. Wikipedia says it may be due to Westernization during early modern China.

Wait until the population declines further and the CCP tightens its grip even more over Hong Kong. I doubt this'll last. It's just how authoritarian communist regimes work. Look at Putin and co. for examples.

you guys have a really weird fantasy of what China is actually like

China has increasingly gone the direction of official cultural conservatism.

more so than the US you reckon?

Yes. More than the US.

Exactly. Even the response to their whataboutism doesn’t help their point.

Yeah. A lot of people here live in fantasy worlds.

I'm always just laughing to myself whenever I see them speculate wild things like this. They're just not rooted in reality.

I'm from Hong Kong. This is reality.

Condescension and smugness doesn't make you sound correct. It just makes sound misinformed and willfully ignorant.

I'm from Hong Kong too and he's completely wrong.

Condescension and smugness doesn’t make you sound correct. It just makes sound misinformed and willfully ignorant.

Are you talking about yourself?

Spoken like a true pro-CCP mainlander who's mom came over to give birth and reap all the social benefits while actively voting to tear down all the democratic institutions.

Nope. I'm none of that. Stop with your assumptions and try again.

Lol, the fantasy worlds on this subreddit. Or lemmy thing.

China allows same sex relationships. This HK ruling actually puts it in line with what China already does for 4 years now.

https://news.cgtn.com/news/2019-08-09/LGBT-couples-in-China-file-for-voluntary-guardianship-J15eC8QcrC/index.html

It's saying HK needs recognition similar to what China already does with mutual guardianship. So your argument makes no sense. As HK is following China on this one.

Mainland:

An adult with full capacity for civil conduct may, in prior consultation with his/her close relatives, or other individuals or organisations who are willing to act as his/her guardian, determine his/her guardian in writing. The agreed guardian shall perform the guardianship duties when such adult loses or partially loses his/her capacity for civil conduct."

HK:

The ruling said Hong Kong’s government was “in violation of its positive obligations” under the bill of rights to provide a legal framework to recognise same-sex couples outside the institution of marriage, and gave it two years to establish a system.

These are vastly different things.

This is the best summary I could come up with:


Hong Kong must provide an alternative to marriage in order to legally recognise the rights of same-sex couples, the city’s highest court has declared, opening the way for civil unions.

The ruling said Hong Kong’s government was “in violation of its positive obligations” under the bill of rights to provide a legal framework to recognise same-sex couples outside the institution of marriage, and gave it two years to establish a system.

The court challenge was lodged in 2018 by LGBTQ+ rights and pro-democracy activist Jimmy Sham Tsz-kit, who had argued Hong Kong should legally recognise his and his husband’s marriage, which took place in New York five years earlier.

On Tuesday, the court’s panel of judges were unanimous in upholding the current laws which restrict marriage to heterosexual couples, and which do not recognise overseas same-sex unions.

Recent polling has found support for same-sex marriage has grown from 38% to more than 60% in a decade, however activism of any kind has become increasingly difficult under the government’s security crackdown after the 2018 pro-democracy protests.

Leung urged to government to note the popular support of same-sex marriage, and “work proactively with stakeholders to formulate a robust legal framework … as soon as practicable”.


The original article contains 611 words, the summary contains 203 words. Saved 67%. I'm a bot and I'm open source!

hong kong's govt is just a ccp lapdog

Sure this is why this ruling puts HK in line with China on gay rights.

https://news.cgtn.com/news/2019-08-09/LGBT-couples-in-China-file-for-voluntary-guardianship-J15eC8QcrC/index.html

HK was improperly not recognizing gay relationships before. I have no doubt the CCP made them accept the gays.

No it doesn’t.

Mainland:

An adult with full capacity for civil conduct may, in prior consultation with his/her close relatives, or other individuals or organisations who are willing to act as his/her guardian, determine his/her guardian in writing. The agreed guardian shall perform the guardianship duties when such adult loses or partially loses his/her capacity for civil conduct."

HK:

The ruling said Hong Kong’s government was “in violation of its positive obligations” under the bill of rights to provide a legal framework to recognise same-sex couples outside the institution of marriage, and gave it two years to establish a system.

These are vastly different things.

China is not as LGBT friendly as the west, that’s a fact you chuds cannot deny.

What are you talking about, did you read what you quoted?

to provide a legal framework to recognise same-sex couples outside the institution of marriage

An adult with full capacity for civil conduct may, in prior consultation with his/her close relatives, or other individuals or organisations who are willing to act as his/her guardian, determine his/her guardian in writing

That's the legal framework that answer's the judge's positive obligation.

Thus, mainland has already created what the judge is telling HK they need to do.

Also what does this have to do with the west? I said HK is following the mainland, not the west.

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Sees name of plantif.

A lot of fuss over what would be a Sham marriage.