3 Nov 2023獨媒#8600
同運會開幕同日 民建聯政總外讀家庭價值宣言
The Gay Games began in Hong Kong today (the 3rd) and will be held for nine consecutive days. At noon, the Democratic Alliance for Betterment and Progress of Hong Kong (DAB) read a declaration outside Government Headquarters, stressing that the DAB respects different sexual orientations. It said, however, that it had received concerns from many schools and parents that the Gay Games would affect the one-man-one-woman marriage system and core family values. It said that maintaining a healthy rule of law in Hong Kong is based on safeguarding these values, which the DAB would “resolutely defend”, and stated its opposition to the legalisation of same-sex marriage. Chiu Pui Yuk Joyce, a member of the anti-Gay Games organisation Concern Group for Schools and Parents on the Sexual Orientation Ordinance, arrived holding a placard and asked the DAB to convey the group’s views. Vice-chairmen Holden Chow Ho-ding and Chan Hok-fung listened for a while before leaving hurriedly.
同樂運動會(Gay Games)由今(3日)起一連九日在香港舉行。民建聯中午到政總外宣讀宣言,強調民建聯尊重不同的性傾向,惟收到不少學校及家長憂慮同樂運動會將影響一男一女婚姻制度及家庭核心價值,而維持香港健康的法治,建基於如何維護相關價值,民建聯將「堅決捍衛」,並表明反對同性婚姻合法化。反同運組織「性傾向條例家校關注組」成員趙佩玉手持標語到場,要求民建聯代為反映意見,副主席周浩鼎及陳學鋒聆聽一會兒後便急步離開。
2 Nov 2023獨媒#8592
反同組織斥撐同運促辭職 葉劉指從未支持同性婚姻:係冇可能係香港發生
“A Group of Ordinary Hong Kong Citizens” held a press conference yesterday (November 1), criticising Executive Council Convener Regina Ip for supporting the Hong Kong Gay Games and even urging her to resign over her plan to attend the opening ceremony. Ip responded in a video posted on social media yesterday, saying that someone was attacking the New People’s Party and her for electoral purposes. Referring to the 2013 “Ms W case”, she said the Court of Final Appeal had ruled that the definition of marriage would not be changed, adding that same-sex marriage “is impossible for it to happen in Hong Kong”. She reiterated that neither the New People’s Party nor she had ever promoted or supported the legalisation of same-sex marriage.
「一群香港普通市民」昨日(11月1日)舉行記者會,批評行政會議召集人葉劉淑儀支持香港同樂運動會,甚至促擬出席開幕禮的她辭職。葉劉淑儀昨日在社交媒體拍片反擊,稱有人為選舉而攻擊新民黨及她,指2013年「W小姐案」,終審庭已裁決不會修改婚姻定義,指同性婚姻「係冇可能係香港發生」,重申新民黨及她從未推廣及贊成同性婚姻合法化。
1 Nov 2023獨媒#8588
梁燕城趙佩玉等自稱「一群普通市民」 立會開記招向議員遞信反同運會
The Gay Games will be held in Hong Kong on Friday (November 3). On Wednesday (November 1), former Baptist University lecturer Leung Yin-sing, former barrister Josiah Kin Ming Chok and Chiu Pui Yuk Joyce, a member of the anti-Gay Games organisation “Concern Group for the Sex Orientation Ordinance in Schools and Families”, held a press conference at the Legislative Council in the name of “a group of ordinary Hong Kong citizens” to oppose the hosting of the Gay Games. Several Legislative Council members attended by invitation to receive the letter.
同樂運動會(Gay Games)將於周五(11月3日)於本港舉行,包括浸大前講師梁燕城、前大律師束健銘及反同運組織「性傾向條例家校關注組」成員趙佩玉等,以「一群香港普通市民」名義,周三(11月1日)在立法會舉行記者會,反對舉辦同樂運動會,多名立法會議員應邀出席接信。
27 Oct 2023法庭線#8553
終院裁本港須有替代框架承認同性伴侶關係 岑子杰欲縮短暫緩期限至一年被拒
Jimmy Sham, a member of Rainbow Action and former convenor of the Civil Human Rights Front, earlier lost a judicial review challenge over Hong Kong law’s failure to recognise same-sex marriages conducted overseas, but was partly successful on appeal to the Court of Final Appeal. The court ruled that Hong Kong’s failure to provide an alternative means of legally recognising same-sex relationships violated the Bill of Rights, and suspended the effect of its order for two years. On Friday (27th), the court handed down a further judgment on the suspension period and costs.
The judgment disclosed that Sham’s side had sought to shorten the suspension period to one year. However, the Court of Final Appeal agreed with the government that implementing an alternative framework for same-sex couples would be an “unprecedented major development” involving substantial work, and that requiring the authorities to implement the court order within one year would be unrealistic. The court ultimately ruled that the government could apply to extend the suspension order if necessary, but must provide compelling reasons. The government should also do its utmost to formulate an alternative scheme as soon as possible.
As for costs, the Court of Final Appeal noted that although Sham’s challenges concerning Hong Kong’s failure to recognise same-sex marriages and same-sex marriages conducted overseas had both been dismissed, he had succeeded in the dispute over an alternative framework. As the Department of Justice had put it, this constituted an “unprecedented major development”. The court ordered the Department of Justice to pay Sham’s side’s costs in the Court of Final Appeal.
「彩虹行動」成員、前民陣召集人岑子杰,早前就香港法律不承認海外同婚提司法覆核敗訴,再上訴至終審法院獲裁部分勝訴。終院裁定香港沒有提供替代途徑,在法律上承認同性伴侶關係,違反《人權法案》,有關命令暫緩兩年執行。終院周五(27 日)就暫緩期限及訟費頒下新一份判詞。
判詞透露,岑一方要求縮短暫緩期限至一年。惟終院同意政府一方所指,落實同性伴侶替代框架,屬「前所未見的重大發展」,牽涉大量功夫,要求當局在一年內落實法庭命令,是不切實際。終院最終裁定,政府在有需要時,可以申請延長暫緩令,但必須提供令人信服的理由,而政府亦應竭盡所能盡快制定替代方案。
至於訟費,終院認為,雖然岑子杰就香港不承認同性婚姻,以及外地同性婚姻提出的挑戰都被駁回,但就替代框架的爭議獲判勝訴,正如律政司一方指,屬「前所未見重大進展」,下令律政司須向岑一方,支付終院訟費。
24 Oct 2023集誌社#8524
縮水同運會|復常慢半拍港半失主辦權 台同志組織憂國安法改征墨西哥
The Hong Kong Gay Games, the first to be held in Asia and hosted by Hong Kong, will take place from the 3rd to the 11th of next month. The major event for the LGBT community was originally expected to attract more than 10,000 participants to Hong Kong and generate over 1 billion dollars in economic benefits for the city. However, affected by the pandemic, Hong Kong went from being the host to co-hosting the event with Guadalajara, Mexico. The projected participation figure of more than 15,000 people at the bidding stage ultimately became a final registration total of just 2,381.
首次在亞洲舉行、由香港主辦的「香港同樂運動會」將在下月 3 至 11 日舉行,這項同志界盛事,原預計為香港帶來過萬名參加者,並為本港帶來逾十億元的經濟收益。不過,受疫情影響,香港由「主辦」變成與墨西哥城市瓜達拉哈拉「合辦」;運動會的參與人數由申辦時預計超過 1.5 萬人,到最後登記人數只有 2381 人。
這場同志圈中的盛事,半失去主辦權,有參與申辦同志運動會的義工對舉辦同志運動會失去信心,隨其他成員退出籌備團隊。有台灣的同志組織因擔心香港國安法,決定不來香港,改到瓜達拉哈拉作賽。港府回應指,奉公守法,或純粹來港參與盛事的訪客,不會、亦毋須擔心會誤墮法網。
24 Oct 2023獨媒#8527
遺產條例拒承認同性婚姻關係 高院裁定違憲 政府不服上訴遭駁回
A same-sex couple who married in the UK, concerned that the surviving spouse would be unable to inherit the estate or transfer the registered-owner status of their Home Ownership Scheme flat after the other’s death, brought a judicial review challenging the estate law’s provision recognising only heterosexual marriages and won the case. The government appealed, but the applicant died by suicide while the appeal was ongoing, and his husband continued the proceedings. The Court of Appeal issued its written judgment on Tuesday (the 24th), dismissing the government’s appeal and ordering it to pay the costs. In a post on his personal Facebook account, the applicant Ng Hon-lam’s husband Yik Ho Li said that the government’s repeated denial of their marital relationship was “like rubbing salt into the wounds” for a family still in mourning. Lee hoped the government would respect the court’s ruling and restore to his husband the dignity he deserved.
於英國註冊結婚的同性戀伴侶,擔心離世後配偶不能承繼遺產及轉移居屋戶主身份,提出司法覆核挑戰遺產條例只承認異性戀婚姻關係的規定,獲裁定勝訴。政府一方不服判決,提出上訴,申請人在上訴程序進行期間自殺離世,由丈夫代為繼續相關程序。上訴庭周二(24日)頒下書面判決,駁回政府的上訴,並下令須支付訟費。申請人吳翰林的丈夫李亦豪在個人 Facebook 表示,政府一而再、 再而三否定他們的婚姻關係,對於仍在哀悼的家屬而言「如同在傷口上灑鹽」。李希望政府能尊重法庭的判決,還給丈夫應得的尊嚴。
5 Sept 2023法庭線#8324
同性婚姻|岑子杰終極上訴部分得直 終院:本港須有替代框架承認同性伴侶關係
Jimmy Sham Tsz-kit, a member of Rainbow Action and former convenor of the Civil Human Rights Front, previously lost a judicial review challenge over Hong Kong law’s failure to recognise overseas same-sex marriages. Dissatisfied with the judgment, he appealed to the Court of Final Appeal and was partially successful on Tuesday (5th). The five CFA judges ruled by a 3-2 majority that Hong Kong law provided no alternative means of legally recognising same-sex couples’ relationships, in breach of rights under the Bill of Rights. The order was suspended for two years. The CFA unanimously dismissed Sham’s other challenges against Hong Kong’s non-recognition of same-sex marriage and its non-recognition of same-sex marriages conducted overseas as unconstitutional.
Permanent judges Tony Li and Joseph Fok, and non-permanent judge Lord Collins, all held that Hong Kong must have an alternative legal framework recognising same-sex couples’ relationships, in order to meet their basic social needs and provide legal recognition of their identities, so that they would not feel inferior. The three judges also agreed that the right to privacy under Article 14 of the Bill of Rights applied to the case. They cited, as an example, same-sex couples who had previously sought judicial review to assert their rights and had to disclose details of their private lives, becoming the focus of public attention—conduct that also constituted interference with private life.
Chief Justice Andrew Cheung and Permanent Judge Johnson Lam dissented, holding that the appellants’ pursuit of legal recognition of same-sex couples’ relationships on the basis of the right to equality amounted to “using the back door” and was effectively seeking same-sex marriage under another name.
「彩虹行動」成員、前民陣召集人岑子杰,早前就香港法律不承認海外同性婚姻提司法覆核敗訴。他不服判決,上訴至終審法院,周二(5 日)獲裁定部分勝訴。終院 5 名法官,以 3 比 2 裁定,香港法律沒有提供任何替代途徑,在法律上承認同性伴侶關係,違反《人權法案》享有的權利,有關命令暫緩兩年執行。至於岑另挑戰香港不承認同性婚姻,及不承認外地同性婚姻屬違憲,則被終院一致駁回。
常任法官李義、霍兆剛及非常任法官祈顯義均認為,本港須有替代法律框架,承認同性伴侶關係,以滿足他們的基本社會需求及獲取合法身分認同,以免他們覺得自己低人一等。3 位法官又同意,《人權法案》第 14 條所述的私生活權利適用於本案,舉例提到過往有同性伴侶為爭取權益提出司法覆核,須公開其私生活,成為公眾關注焦點,都構成私生活的的干預。
首席法官張舉能及常任法官林文瀚則持不同意見,認為上訴方以平等權爭取法律上認可同性伴侶關係,形同「走後門」,無疑於以另一名義爭取同性婚姻。
5 Sept 2023法庭線#8325
終院裁定須承認同性伴侶關係 婚姻平權協會:重要勝利 盼替代框架與婚姻權利相同
Jimmy Sham, a member of Rainbow Action and former convenor of the Civil Human Rights Front, earlier filed a final appeal over Hong Kong law’s failure to recognise same-sex marriages conducted overseas. The Court of Final Appeal ruled on Tuesday (the 5th) that Sham had partly succeeded, finding that the government had not established an alternative framework for the legal recognition of same-sex partnerships, in violation of rights enjoyed under the Bill of Rights. (See separate report.)
The Marriage Equality Association said in a statement that the ruling was an important victory, making clear that Hong Kong law must respect and protect same-sex couples. It called on the government to establish a system as soon as possible to recognise the legal status of same-sex couples. Barrister Azan Aziz Marwah said the government could refer to the United Kingdom’s civil partnership system and that, to accommodate the interests of all parties, any alternative framework established by the government should provide the same rights as marriage between opposite-sex couples.
Travas, who had planned to marry overseas, said he was “overjoyed” and hoped Hong Kong could take a further step and accept same-sex marriage. He said that, as a Hong Konger born and raised in the city, he also hoped to be able to mark important moments in Hong Kong. Yiu Tung Suen, a professor at The Chinese University of Hong Kong, said the judgment was an important step for Hong Kong and Asia, but expressed disappointment that the Court of Final Appeal was unwilling to recognise same-sex marriage. Citing research showing that 60% of the public currently supports same-sex marriage, the professor hoped the government would take note, and said that LGBT rights were also an important indicator for enhancing Hong Kong’s global competitiveness and attracting talent from abroad.
「彩虹行動」成員、前民陣召集人岑子杰,早前就香港法律不承認海外同性婚姻提終極上訴,終院周二(5 日)裁定岑子杰部分勝訴,指政府並未確立替代框架、讓同性伴侶關係獲法律承認,違反《人權法案》享有的權利。(見另稿)。
婚姻平權協會發聲明,形容裁決是重要勝利,明確指出香港法律必須尊重和保障同性伴侶,呼籲政府盡快制定制度,承認同性伴侶的法律地位。大律師馬亞山認為,政府可參考英國的「民事結合」,而為了符合各方利益,政府訂立的替代框架,應與異性婚姻權利相同。
原來打算外地結婚的同志 Travas 直言「喜出望外」,盼香港可再行前一步,接納同性婚姻,指自己作為土生土長的港人,都希望可以在香港實現重要時刻。中大教授孫耀東則指,判決對本港以至亞洲是重要一步,但對終院不願承認同婚感失望,提到研究顯示現時有 6 成市民支持同志婚姻,希望政府正視,又指同志權利對提升本港的全球競爭力及向外招攬人才,都是重要指標。
23 Aug 2023獨媒#8242
同樂運動會11月舉行 伊館辦開幕及閉幕禮、料逾2,000人參與
The 11th Gay Games will be held in Hong Kong from 3 to 11 November. The opening and closing ceremonies, a music gala, and two sporting events will take place at the Queen Elizabeth Stadium. Organisers expect about 2,000 participants from 40 countries and are calling on interested people to register as volunteers, with a target of recruiting 2,000 volunteers.
第十一屆同樂運動會將於11月3至11日在香港舉行,並將於伊利沙伯體育館舉行開幕禮、閉幕禮及音樂晚會,兩項體育項目亦將於伊館舉行。大會料整個運動會有約2,000名參加者,來自40個國家,呼籲有興趣的人士登記成為義工,目標招募2,000人。
24 Jul 2023明報#8064
多元性向港台節目《自己人》8月停播 元老主持梁兆輝:賺了17年
Hong Kong’s first cultural programme on diverse sexual orientations, “One of Us”, premiered on RTHK on May 6, 2006, and aired for two hours late every Saturday night. In the early hours of yesterday, veteran host Siu Fai (Prof) Leung announced that they had been notified that the programme, which had been broadcast for 17 years, would be taken off air from August on the grounds of “programme rearrangement”. The programme’s hosts bid farewell to listeners on its social media platform. Siu Fai (Prof) Leung wrote that the day had finally arrived, and that the end of the programme also meant they would temporarily step away from the microphone: “What was worth cherishing ceased to exist long ago; there is no need to deceive oneself.”
香港首個多元性向文化節目《自己人》於港台2006年5月6日首播,逢周六深夜播放兩小時。昨凌晨節目元老主持梁兆輝宣布接到通知,播放17年的《自己人》以「節目調動」為理由,將於8月起被停播。眾節目主持在《自己人》的社交平台向聽眾話別,梁兆輝寫道這一天終於到臨, 節目結束也意味他會暫別咪前,「值得留戀的,早就不存在,不必自欺」。
Translations are supplied by the source workbook. Consult the original reporting for context.