The original decision, last year, not to allow the lesbian's partner a visa, was overturned on Monday by a panel of 3 Appeal judges.
The British lesbian, named as QT in court, entered a civil partnership with her spouse in 2011, before being offered a job in Hong Kong. She took the case to Appeal, as even though Same sex marriage is banned in Hong Kong, discrimination towards anyone on grounds of their sexual orientation is illegal.
12 leading multinational banks supported QT in her appeal by filing a submission with the Court of Appeal spelling out what they saw as a counterproductive tool which harmed recruitment of top candidates in the finance field. The successful Appeal decision will now make it far more attractive for LGBT professionals to work and settle in Hong Kong.
The judgement concluded that QT had been discriminated against, stating, "Whilst one-ness, together-ness, joint-ness and mutuality are hallmarks of a heterosexual marriage relationship, they are not, or no longer, exclusive to such a relationship."
This is a big victory for the LGBT community, with the Equal Opportunities Commission now calling for the government to consider a legal framework to recognise same-sex relationships and protect LGBT rights.
