HONG KONG
In what may be the climax in the long-running legal battle of a gay Hong Kong Immigration Officer’s claim for spousal benefits, his lawyer argued that the Government could not justify its discriminatory treatment.
Addressing judges sitting as the Court of Final Appeal, barrister Karon Monaghan for Angus Leung Chun-kwong (pictured with his husband, Scott Adams) attacked the heads of the Civil Service Bureau and Inland Revenue Department for merely running in circles in their reasoning for refusing to grant Mr Leung his rights.
“It has to be justified,” Ms Monaghan said.
“It’s not enough to say marriage is special and unique.”
Mr Leung took the Government to court in late 2015 after the Secretary for the Civil Service refused to grant spousal benefits to Mr Adams.
The couple, who are fighting for medical and dental benefits, married in New Zealand in 2014.
Mr Leung originally succeeded in his challenge against the Civil Service Bureau at the Court of First Instance, but lost when the Bureau sought to overturn that ruling at the Lower Appeal Court.
The Government’s view is that as Hong Kong does not recognise same-sex marriage, by conceding Mr Leung’s requests it would undermine the nature of marriage, which in the city’s definition is between “one man and one woman”.
Ms Monaghan hit back against such views.
She said the Government had failed to explain why there was a “rational connection” between the protection of marriage and whether to grant Mr Leung the rights he sought.
The judges will issue their ruling at a later date.
Before leaving the court, Mr Leung said the journey in their fight for equality was long.
“We are not asking for privileged treatment,” Mr Leung said.
“We just want to be treated fairly and equally.”
Hong Kong, 8 May 2019
