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Written by: Zhu Xinxin
2020-05-29 19:57
Last update date: 2020-05-29 20:00Cen Zijie, the convener of the Civil Human Rights Front, married his husband outside in 2013, but his marriage was not recognized by the government in Hong Kong. Cen filed a judicial review in this regard, requesting the court to rule that the government does not recognize marriages of same-sex couples concluded abroad, which is unconstitutional. The case was heard in the High Court today (29th). Cen pointed out that the marriage of same-sex couples in other places would not weaken the monogamous marriage system in Hong Kong. He also said that if same-sex couples have to seek court review for each right, they may have to It is unfair to divide more than one hundred applications. Cen also said outside the court that after he was elected as a district councilor last year, he did not know whether his same-sex spouse status was recognized. He also questioned that if his partner status was not recognized, he could hire a husband as his parliamentary assistant The legislator caused injustice. The judge will postpone the decision.
Cen said he did not know whether his husband was a "spouse" recognized by the government
Cen Zijie said before the hearing that this case was not only about comrades fighting for equality, but also about Hong Kong's integrity system. He was elected in the district board elections in November last year, but district board members need to declare spouse assets. Cen does not know whether his husband is a "spouse" recognized by the government. In addition, DC members cannot hire immediate family members to serve in the office of MPs. Cen questioned whether his husband could be hired as an assistant to Cen. If it can be hired, will it be unfair to the heterosexual DC members.
Cen Zijie pointed out that same-sex couples were not recognized for their marriage overseas and demanded judicial review. (Photo by Zhu Fang)
Heterosexual couples are recognized for marriage in a foreign country
The applicant Cen Zijie is represented by senior barrister Pan Xi. Pan Zhicen married his current husband in New York in 2013, but his marriage was not recognized in Hong Kong and he failed to enjoy the relevant rights. Only heterosexual couples who are married outside the country are recognized in Hong Kong. Pan said the two were treated differently.
Non-requesting gay marriage rights in Hong Kong
Pan Xi pointed out that Cen does not require the right of same-sex couples to marry in Hong Kong, but requires same-sex couples to marry in other places.
The judge asked if the marriage of same-sex couples married abroad was recognized in Hong Kong and whether they could divorce in Hong Kong, Pan responded by saying yes. The judge also asked, for example, if the marriage between the original resident and another man was recognized in Hong Kong and they adopted their son, whether their son could enjoy Ding Quan, Pan also said yes.
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There is no evidence to weaken monogamy
Pan also pointed out that there is no evidence that acknowledging same-sex marriages in a foreign country would weaken the existing monogamous marriage system in Hong Kong.
The judge questioned whether such a general order was made. Pan responded that it would be unfair for Cen or others to fight for each right more than one hundred times in court.
The government emphasizes that the Basic Law only recognizes heterosexual marriages
Huang Jiming, a senior counsel representing the government, responded that Article 37 of the Basic Law only recognizes heterosexual marriages. He said that there is no difference between fighting for a same-sex marriage in Hong Kong and Cen's current requirement to recognize the marriage of same-sex couples abroad.
Huang Xu pointed out that not to recognize the marriage of same-sex couples in other places is to protect the current marriage concept and system in Hong Kong. If the government recognizes the marriage of same-sex couples abroad, it will weaken and destroy the system.
Case number: HCAL 2682/2018
Same-sex marriage Cen Zijie judicial review court
