(PHILIPPE LOPEZ/ AFP/Getty) Image HONG KONG, China — A British lesbian won the right to live and work in Hong Kong with her partner in a landmark decision Wednesday by the top court in the city, where same-sex unions are not recognized.
The Court of Final Appeal judgment ends the protracted legal battle by “QT,” who has entered into a civil partnership in Britain in 2011 and moved to Hong Kong with her partner the same year.
“The ability to bring in dependants is an important issue for persons deciding whether to move to Hong Kong,” the court said, adding it was “counter-productive” to limit that right to straight couples.
It said employment visas are granted “because he or she has the talent or skills deemed needed or desirable. Such a person could be straight or gay.”
Gay marriage and same-sex unions are currently not recognized in Hong Kong.
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QT was denied a dependant visa, forcing her to stay on as a visitor without the right to work, after she moved to Hong Kong when her partner got a job in the city.
In September last year she won her case at the Court of Appeal as it ruled immigration authorities had “failed to justify the indirect discrimination on account of sexual orientation that QT suffers.”
But that decision was challenged by the government and taken to the city’s highest court, in what critics said was a disappointing backwards step.
Top financial institutions including Credit Suisse, Goldman Sachs and Morgan Stanley have publicly backed QT, saying diverse hiring practices are crucial to attracting and retaining top talent.
During the case, Dinah Rose, representing QT, argued the bid was not about social benefits or financial gain, or expecting the immigration department to recognize gay marriage — but “just (to be) able to live with your partner.”
She added the couple have a “public, registered” and legal bond which is not recognized in Hong Kong and are therefore “placed in a significant disadvantage” compared to straight couples.