Gov't respects judgment

July 4, 2018

The Government has accepted the Court of Final Appeal's judgment today regarding a judicial review lodged against the Director of Immigration's decision to refuse entry for residence in Hong Kong of a person as a dependant of her same-sex partner.


The Government issued a statement saying it respects the judgment and will study it, and seek legal advice on follow-up actions.


Under the prevailing dependant immigration policy, the spouse of an eligible sponsor in Hong Kong can apply for entry for residence in Hong Kong as a dependant.


The director adopted the meaning of "spouse" as a party to a marriage consisting of one man and one woman as recognised by the laws of Hong Kong.


The Court of Final Appeal said the case does not involve any claim that same-sex couples have a right to marry under Hong Kong law, and that it was recognised that a valid marriage under Hong Kong law is heterosexual and monogamous and is not a status open to couples of the same sex.


However, the court said the director failed to justify the differential treatment of refusing a dependant visa under the prevailing dependant immigration policy.

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