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E-news Issue 212

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Study identifies 21 areas of Hong Kong law with differential treatment of relationships

Differential treatment between opposite-sex marriages and other alternative relationships, such as same-sex marriages, as well as opposite or same-sex cohabiting couples and civil partners, exists in 21 areas of Hong Kong law, according to an EOC-commissioned report released by Allen & Overy on 26 June 2019. This impacts entitlement to inheritance and access to public housing and reproductive technology, among other aspects of daily life.

Entitled “The Recognition and Treatment of Relationships under Hong Kong Law”, the pro-bono study by Allen & Overy builds on the EOC’s 2016 Discrimination Law Review (DLR), which highlighted that Hong Kong’s marital and family status anti-discrimination laws only protect those who are recognised as married by Hong Kong law. The report identifies additional areas of Hong Kong law in which an individual’s relationship status impacts their legal rights and obligations.

“The EOC commends the professional efforts put up by Allen & Overy in conducting the study and producing the report,” said Mr Ricky CHU Man-kin, Chairperson of the EOC. “The report is excellently informative and raises a whole set of issues regarding the recognition and treatment of relationships under Hong Kong Law. It is a very valuable reference for the EOC and we would study the issues raised in the report in our assessment of discrimination issues in the relevant areas in future.”

The report has been uploaded to the EOC website for public access. Allen & Overy has also produced a video summarising major findings of the study. For details, please click the links below.

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