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Fight for equality in Hong Kong: gay civil servant sues to claim same employee benefits as heterosexual couples

Man who married his partner in New Zealand says in High Court document that the government’s refusal to recognise their union is discriminatory and unconstitutional

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Leung’s marriage falls outside of the Civil Service Bureau’s regulations that defines marriage as a union between “one man and one woman”. In Asia, Taiwan is expected to be the first country to recognise same-sex marriage next month. Photo: Reuters

A homosexual civil servant has challenged the government’s refusal to recognise his same-sex marriage and says he and his partner are unable to enjoy the same benefits as heterosexual couples.

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In a High Court document calling for a review, Leung Chun-kwong, a senior immigration officer, claimed that the decisions by the heads of the Civil Service Bureau and Inland Revenue discriminated against his sexual orientation and were unconstitutional.

His application document states: “At its heart, this matter concerns protection for the dignity of a historically oppressed class in our society – homosexual persons, a substantial portion of our society. Allowing discriminatory treatment against such a minority undermines the law.”

Leung joined the government in 2002. He met his partner, Scott Paul Adams, a Hong Kong resident, in 2005 and they married in Auckland, New Zealand, on April 18 last year.

He reported this to the Civil Service Bureau in April last year but was informed that its regulations viewed marriage as “the voluntary union for life of one man and one woman”. Thus, his union with Adams “falls outside the meaning of marriage”.

READ MORE: Divided Hong Kong won’t pass gay marriage law ‘in my lifetime’, says equality watchdog chief

He wrote to the bureau again in October last year claiming the government was in breach of its code of conduct in denying his spouse the same medical and dental service as heterosexual couples. But he received the same reply from the bureau on December 17 last year.

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