Friday, September 21, 2018

Kai Yeung Wong (SJD Candidate) Comments on the QT Case (MLR)

"An Incomplete Victory: The Implications of QT v Director of Immigration for the Protection of Gay Rights in Hong Kong"
Kai Yeung Wong (SJD Candidate)
The Modern Law Review
September 2018Vol. 81, Issue 5, pp. 874-889
Abstract: QT v Director of Immigration [2017] 5 HKLRD 166 is the most important decision on gay rights in Hong Kong since the unequal ages of consent between heterosexuals and homosexuals were held to be unconstitutional 10 years ago. The Court of Appeal of Hong Kong affirmed the right of same‐sex couples married or in a civil partnership overseas to be treated on an equal basis with married heterosexual couples. This note considers the strengths and shortcomings of the Court of Appeal's reasoning, in terms of its potential significance both to the rights of sexual minorities and to the wider protection of human rights by means of the common law.  Note that the Court of Final Appeal affirmed the Court of Appeal's decision on 4 July 2018, see [2018] HKCFA 28.

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