Hong Kong LGBTQ+ activist, Jimmy Sham, is beginning his final appeal for recognition of his overseas same-sex marriage in a landmark case for the city’s LGBTQ+ community. Sham, a prominent pro-democracy activist who played a key role in the 2019 protests, has been seeking a judicial review for the past five years to challenge the city’s laws that do not recognize foreign same-sex marriages. However, his legal challenge was dismissed by lower courts, and subsequent appeals were also rejected. Sham is currently in custody after being charged with subversion under the tough national security law imposed by Beijing.
The outcome of Sham’s case will have significant implications for the LGBTQ+ community and Hong Kong’s reputation as an inclusive city. Currently, the city only recognizes same-sex marriages for certain purposes such as taxation and civil service benefits. The government has made concessions in recent years following legal challenges, but full recognition of same-sex marriage is still lacking.
Sham and his husband got married in New York in 2013. They wanted to marry in Hong Kong, but it was not allowed under the law. In a previous ruling, the court stated that Sham’s marriage lacks essential validity because Hong Kong law does not permit marriage between same-sex individuals. The court also deemed Sham’s attempt to achieve complete parity of recognition between foreign same-sex marriages and foreign heterosexual marriages as too ambitious.
Sham is known for his role as the former convenor of Civil Human Rights Front, which organized the annual march on the anniversary of Hong Kong’s handover to China. It also orchestrated major political protests in 2019. However, the group was disbanded in 2021 due to a police investigation into possible violations of the national security law.
The upcoming judgment by the city’s top court will be closely watched by the LGBTQ+ community and advocates for equality. It remains to be seen whether Hong Kong will take a step towards recognizing and legalizing same-sex marriages, or if the city’s conservative views will prevail. The outcome of Sham’s appeal will not only impact the lives of LGBTQ+ individuals but will also shape Hong Kong’s reputation as a progressive and inclusive society.
