Hong Kong court rejects appeal to recognise same-sex couples married overseas

Hong Kong's gay community suffered a fresh legal setback on Wednesday after the Court of Appeal rejected an appeal against the city's long-held denial of same-sex marriage to those who have legally wed overseas. The ruling is an indication that legislation and not the courts is the way to lift the ban on gay marriage. The appeal was lodged by prominent activist Jimmy Sham.

Sham married his Hong Kong partner in the United States in 2013 and has been trying to accord legal recognition to his partnership in his home city. Three judges ruled that Hong Kong's mini-constitution, the Basic Law, "only prefers heterosexual marriage, which means that only heterosexual couples are entitled to recognition of their foreign marriage".

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The court said that if same-sex couples married overseas were offered recognition, it would "create an inherent incompatibility" between them and the gay couples who cannot legally marry in Hong Kong. Sham's appeal has now been rejected by two tiers of court and it is unclear if he will continue with the legal battle. Notably, only Hong Kong's Court of Final Appeal can now overturn the ruling.

There have been a few instances of legal victories in Hong Kong in recent years. One such ruling was that of a foreign lesbian couple being entitled to spousal visas, and the husband of an immigration officer should be entitled to the same benefits as heterosexual employees, AFP mentioned.

Even though several Hong Kongers back gay rights, and international businesses have called for marriage equality to attract talent, Hong Kong's Beijing-approved leadership doesn't seem too keen to pass legislation to bring about equality for LGTBQ residents.

Sham is also a democracy campaigner and one of dozens of activists in jail awaiting prosecution under a new national security law Beijing imposed on Hong Kong to snuff out dissent following large protests.

(With inputs from agencies)