#Court #LGBTRights
LGBT+ organizations: Hong Kong Court Only Willing to Consider Same-sex Marriage Rights in Split Scenario and in Judicial Review
The High Court in Hong Kong issued a verdict where the denial of inheritance rights of spouses in a homosexual marriage were ruled unconstitutional on Sept 18, 2020.
Judge Anderson Chow Ka-ming stated that the regulations discriminate between heterosexual couples and same-sex couples and lack a reasonable explanation, which constitutes as illegal discrimination.
The Attorney General claimed that local marriage law grants heterosexual couples a special status, and the members of heterosexual couples must bear the legal responsibility to support their spouse, so they cannot be treated the same as same-sex couples.
Judge Chow disagreed with the claim, stating that the original intention of the law is to prevent the deceased from evading the responsibility of supporting others. These include those who the deceased has to take care of in terms of legal responsibilities and moral responsibilities, such as their parents and brothers and sisters.
Chow stated that the Attorney General's view is wrong and reflects that the law treats opposite-sex couples and same-sex couples differently.
However, the judicial review filed by Jimmy Sham, vice convener of the Civil Human Rights Front (#CHRF) was shot down by Judge Chow on the same day.
Sham challenged previous ruling of the court, arguing that the refusal to recognise overseas same-sex marriages is in violation of the Basic Law.
Some LGBT+ organizations believe that Sham's lost case is extremely unfair and ironic, criticising that same-sex couples could only submit judicial review on various marital rights one at a time, that "you could only win if you cut the case." They asked, "Is it impossible to enjoy these rights without judicial reviews?"
Source: MingPao ; MingPao #Sept19
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Read Further:
Hong Kong's High Court Upholds Discriminatory Definition Of Marriage, Judge: “I didn’t dare to make the right choice”
https://t.me/guardiansofhongkong/25361
#LGBT #SameSexMarriage #JimmySham #InheritanceRight
LGBT+ organizations: Hong Kong Court Only Willing to Consider Same-sex Marriage Rights in Split Scenario and in Judicial Review
The High Court in Hong Kong issued a verdict where the denial of inheritance rights of spouses in a homosexual marriage were ruled unconstitutional on Sept 18, 2020.
Judge Anderson Chow Ka-ming stated that the regulations discriminate between heterosexual couples and same-sex couples and lack a reasonable explanation, which constitutes as illegal discrimination.
The Attorney General claimed that local marriage law grants heterosexual couples a special status, and the members of heterosexual couples must bear the legal responsibility to support their spouse, so they cannot be treated the same as same-sex couples.
Judge Chow disagreed with the claim, stating that the original intention of the law is to prevent the deceased from evading the responsibility of supporting others. These include those who the deceased has to take care of in terms of legal responsibilities and moral responsibilities, such as their parents and brothers and sisters.
Chow stated that the Attorney General's view is wrong and reflects that the law treats opposite-sex couples and same-sex couples differently.
However, the judicial review filed by Jimmy Sham, vice convener of the Civil Human Rights Front (#CHRF) was shot down by Judge Chow on the same day.
Sham challenged previous ruling of the court, arguing that the refusal to recognise overseas same-sex marriages is in violation of the Basic Law.
Some LGBT+ organizations believe that Sham's lost case is extremely unfair and ironic, criticising that same-sex couples could only submit judicial review on various marital rights one at a time, that "you could only win if you cut the case." They asked, "Is it impossible to enjoy these rights without judicial reviews?"
Source: MingPao ; MingPao #Sept19
======
Read Further:
Hong Kong's High Court Upholds Discriminatory Definition Of Marriage, Judge: “I didn’t dare to make the right choice”
https://t.me/guardiansofhongkong/25361
#LGBT #SameSexMarriage #JimmySham #InheritanceRight
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高院裁同性伴侶有自動繼承權 官促修訂遺產相關條例「有效婚姻」定義 - 20200919 - 港聞
【明報專訊】男同志3年前在英國與男友結婚，早前就丈夫的居屋繼承權提出司法覆核，認為現行涉及遺產繼承的法例不承認同性婚姻，令其丈夫無法繼承物業，做法屬違憲。高等法院昨日頒下判辭，法官周家明表示，條例對異性伴侶及同性伴侶存有差別待遇，並欠缺合理解釋，構成非法歧視。周官又指出，一旦給予同性伴侶繼承權，不見得會破壞法例完整性，亦無證據證明會對傳統婚姻制度有害，故裁定申請方勝訴，並表明要修訂涉案條例中「丈夫」、「妻子」及「有效婚姻」的定義，下令訴訟雙方在21日內向法庭交文件。