Hong Kong's top court ruled Wednesday that foreign
same-sex couples have the right to spousal visas in a landmark ruling
for the socially conservative city.
The decision concludes a lengthy legal battle begun by a British
woman known as "QT," who came to Hong Kong in 2011 with her same-sex
partner "SS."
Although married in Britain, QT was denied a dependent visa and she
applied for a legal review.
A brief legal victory in September for QT in Hong Kong's lower
courts was immediately appealed by the Department of Immigration in
the Court of Final Appeal.
In its ruling on Wednesday, the court struck down the Immigration
Department's current policy as "discriminatory."
It found that the ability to bring a dependent to Hong Kong was a
legitimate concern in attracting "foreign talent" to the city and
prioritising heterosexual couples was "counter-productive."
The case has been closely watched by Hong Kong's large foreign
community, which makes up almost 8.6 per cent of the population,
according to government data.
The ruling was immediately described as a "a milestone for Hong Kong
and a watershed moment for the rights of LGBTI people across Asia,"
by rights watchdog Amnesty International.
In March, 15 leading financial institutions, 16 law firms, and
Amnesty International applied to file written submissions in support
of QT but were ultimately rejected.
Hong Kong's government has fought against similar cases that could
serve as a step towards legalising same sex marriage and include
extending benefits to the same sex partners of civil servants.