Source: Sydney Star Observers' Website [Australia]

http://www.ssonet.com.au/showarticle.asp?ArticleID=2786

Gay marriage in Asia

Roddy Shaw and partner Nelson Ng … married recently in Canada, now fighting for recognition at home in Hong Kong.

Photo: Jamie Dunbar

By Tim Cribb

Roddy Shaw and Nelson Ng are having a spot of bureaucratic bother. Though they’re considered legally married in Canada, the Hong Kong SAR government insists they cannot possibly be married because they are not man and woman. Quite obviously they are two men.

Shaw and Ng have been closely watching international developments as they prepare for the next round of their two-year bureaucratic battle with the Inland Revenue Department to secure access to the spousal tax allowance.

In Taiwan, the government is expected on 10 December to introduce sweeping human rights legislation that will, among other things, accord full recognition of same-sex couples.

Shaw, 36, and his 31-year-old partner of five years Ng believe they have at least a case under international human rights, covered by Hong Kong’s Bill of Rights. Also, Article 37 of the Basic Law mini-constitution introduced in 1997 states: “The freedom of marriage of Hong Kong residents and their right to raise a family freely shall be protected by law.”

“We expect to begin our case in the next few months,” said Shaw, who recently completed his master of laws in international human rights at Hong Kong University and heads Civil Rights for Sexual Diversities, a non-governmental advocacy group.

The marriage of Shaw and Ng has been closely followed by the Hong Kong media, in particular the Chinese language press, which has of late shifted towards a more positive coverage of gays and lesbians. However, the religious right still gets considerable play, noteworthy because Christians number less than 600,000 of Hong Kong’s seven million predominantly Taoist population.

Hong Kong’s secretary for justice, Elsie Leung, said the SAR does not recognise the marriage in Canada of Shaw and Ng. She does not rule out a change in that position in the future, however, and “should the courts find this to be in violation of human rights, the government may consider a suitable response”.

A spokesperson for Patrick Ho, the secretary for home affairs, said: “Since marriage is an issue that involves social-moral values and family ethics, it should be left for the community to judge.

“Our society upholds monogamous marriage and our legislation only reflects the consensus reached by the community on the issue,” the spokesperson said.

The Hong Kong administration has long held that the predominantly Chinese society is not ready to accept homosexuals, and education rather than legislation is necessary to change a