The Court of Final Appeal of Hong Kong supports same -sex partner relationships including civil combination, but does not grant a complete marriage right of same -sex partners.
Comprehensive Agence France -Presse, Reuters, South China Morning Post and "Hong Kong 01" reported, the Hong Kong Final Audit Court opened on Tuesday (September 5)The appeal proposed by marriage registration is the first time that the Court of Final Appeal of Hong Kong has tried same -sex marriage cases.
The Hong Kong Final Audit Court sentenced that the Hong Kong government has not fulfilled its active obligations and established a substitutional approach to allow same -sex marriage to obtain legal recognition, and did not give appropriate rights to same -sex partners, violating the rights given by the Human Rights Act.The Final Court ordered the Hong Kong Government to formulate an official framework to recognize same -sex marriage, such as the combination of civilian people to legalize their basic social needs.This statement will take effect two years later.
However, the final court rejected the appellant's request to recognize same -sex marriage and believe that the equal rights given by the Hong Kong law cannot be interpreted as the constitutional rights to grant same -sex marriage, nor can they be interpreted as a recognition of overseas same -sex marriage overseas marriageEssenceThe Freedom of Marriage Constitution guaranteed and guaranteed by the Basic Law and the Hong Kong Human Rights Act is limited to heterosexual marriage.
Civil -combined refers to the combination of the same or similar marriage established by civil law, which is mainly used to provide the same or similar rights for same -sex partners as the opposite sex partner.
Cen Zijie registered for marriage with same -sex partners in the United States in 2013, but this marriage relationship was not recognized by the Hong Kong Government, so Cen Zijie referred to judicial review in 2018 and asked the court to declare that the Hong Kong government did not recognize overseas same sex overseas same sexual sex.The marriage approach was unconstitutional, but was defeated by the High Court.
Cen Zijie was approved in 2022 to mention the ultimate appeal.He proposed three controversy in the final court: Hong Kong law excludes same -sex partners outside the marriage system; no alternative ways are provided to establish same -sex marriage; do not acknowledge the same -sex marriage in other places, and whether the Basic Law and the Hong Kong Human Rights Act give privacy and equal rights.
Cen Zijie believes that the current policy has the legitimate purpose of encouraging "traditional marriage", but if the same -sex marriage is excluded, it cannot achieve this legitimate purpose, because same -sex partners will not choose to choose to meet existing policies.Marry with the opposite sex.If the Hong Kong Government refuses to admit same -sex marriage, it will pass the error message to the public, so that the outside world will feel that the value of same -sex marriage is not comparable to heterosexual marriage.Furthermore, Hong Kong law does not recognize foreign marriage in foreign countries, and there are no other ways to establish same -sex marriage, such as civil combination or registered partner relationship, which will cause practical negative impacts, such as the inheritance of same -sex partners.
The defendant's Hong Kong Department of Justice said that the Basic Law and the Hong Kong Human Rights Act's provisions on marriage rights, mentioning that the marriage right of "men and women have reached the age of marriage" should be established.Heterosexual partner.The Department of Justice believes that Cen Zijie hopes to fight for the "core rights" of same -sex partners, such as inheritance, but the concept of "core rights" is blurred and it is difficult to obtain legal support.
In response to the judgment of the final court, the Hong Kong Marriage Facility Association issued a statement saying that the decision is an important victory for the overall society. The judgment clearly pointed out that Hong Kong law must respect and guarantee homosexual partners.Entering damage.
