From business to politics: the battle for LGBT+ rights in Hong Kong

A version of this article appeared in the Economist Pride & Prejudice 2018 Perspectives

Over the past year, the battle for LGBT+ rights in Hong Kong has gained momentum. The QT case (the fight by an expat lesbian couple to have their British civil union recognised in Hong Kong for the purposes of obtaining a dependant visa), an ongoing fight for gender recognition, and the battle of Angus Leung, a civil servant, for recognition of his civil partnership, have shone a light on LGBT+ rights in Hong Kong's media and legal spheres. Notably, the legal and business communities in Hong Kong have vocalised their support for the QT case, further supporting a change in attitudes.

The QT case has gained considerable international media attention. With mounting support from the financial, legal and non-governmental organisation (NGO) world, QT and her partner SS won a landmark appeal in September 2017 to have the decision to refuse the issuance of a spousal visa on the grounds that Hong Kong does not recognise same-sex unions overturned. What has been notable about this case is the vocal and defiant stance that Hong Kong's business community has taken to advocate for QT. To date, 15 financial institutions, 16 legal firms and an international NGO, Amnesty International, have publicly supported the couple’s case through an application requesting the Court of Appeal’s permission to intervene. Given their visible commitment to diversity and inclusion, these companies feel that immigration restrictions on the grounds of sexual orientation or gender identity would dramatically reduce their ability to attract the best global talent to their firms. The collaboration of the business and legal sectors in Hong Kong to protect employees and advocate for change is normalising the conversation around LGBT+ inclusion and legal protection. By positioning this fight for equality as a sensible business decision, Hong Kong's institutions have expressed that Hong Kong cannot claim that it is a truly cosmopolitan financial centre if top global talent in all its diversity is unwelcome.

Another ground-breaking case is the legal struggle of Angus Leung, a Hong Kong civil servant who is fighting a similar battle for spousal recognition and benefits for his husband, who he legally married in New Zealand in 2014.The fight by a government official for equal rights has provoked much commentary in Hong Kong. Not only is Mr Leung profiled in the media, he is petitioning for acceptance and marriage recognition in his home territory, which does not recognise same-sex marriage. In a region where conservatism and cultural taboos would normally have a tendency to label LGBT+ as a “foreign problem”, not relevant to Hong Kong nationals, being able to shine a light on this as a local matter is a major milestone for the local LGBT+ community.

The past year has also seen the conversation in Hong Kong widen to include action to protect transgender people. Following the suspected suicide of a transgender woman last year, a petition was submitted to the government urging it to speed up legislation around gender recognition. Little progress has been made since the Court of Final Appeal’s ruling on the W case in 2013, which led to the establishment of an inter-departmental working group on gender recognition. Pressure groups have lobbied the Hong Kong SAR government to take heed of international standards for human rights, which guarantee protection for people of all genders, including those who identify as trans or intersex. Further momentum was gained in January of this year, when three transgender men petitioned the government to have their sex changed legally, without the requirement of a surgical sex change. In pleading their case, they urged the Hong Kong government to adhere to global standards of protection for transgender people. These advances are of particular significance in Hong Kong, where public understanding of transgender issues provides a large barrier to acceptance and progress. Education at all levels, as well as continued support from the legal community, business and civil society is crucial to delivering progress on these issues.

Although the constitutional implications of all of these cases are significant for Hong Kong, the shift in public attitudes driven largely by young people, and the open backing from corporate interests are indicators that progress on LGBT+ rights in Hong Kong is under way. Acceptance and protection in law can go a long way towards changing public perceptions and securing equal rights for the LGBT+ community, but there is much still to achieve. Although members of the international business community have vocalised their support for the LGBT+ cause in Hong Kong, a resounding silence has echoed from local companies. Cases such as Mr Leung’s are crucial to localising these issues, and will hopefully encourage local businesses to support the cause. Nonetheless, recent progress is a clear indication that change is possible. Making the business case for LGBT+ inclusion has depoliticised the issue, and the culmination of these small wins makes the goal of ensuring full legal protection and equality for LGBT+ citizens in Hong Kong more plausible.

Author: Emily Moss Manager, Marketing & Communications, Community Business.