The Hong Kong government has announced plans to introduce a bill establishing a registration system for same-sex partnerships that have been legally registered overseas. This move aims to comply with a landmark Court of Final Appeal ruling from September 2023, which directed the government to create a legal framework recognising certain rights of same-sex couples. However, the government maintains that this framework will not alter the city’s established monogamous and heterosexual marriage system, and same-sex marriage will remain unrecognised locally.
The proposed Registration of Same-sex Partnerships Bill, set for its first legislative reading next week, would afford same-sex couples rights primarily related to medical and after-death arrangements—such as hospital visitation, medical decision participation, and handling the deceased partner’s body identification and burial procedures. It stops short of granting full marriage rights or broader legal protections like adoption or inheritance. The government emphasises that the bill seeks to balance court obligations with preserving traditional family structures.
The bill follows a lengthy legal battle led by pro-LGBTQ+ activist Jimmy Sham, who took up the cause after completing a prison sentence in Hong Kong’s largest national security case. The ruling cited provisions in Hong Kong’s mini-constitution concerning equality, finding previous exclusions of same-sex couples from public housing and inheritance rights unconstitutional. The court has acknowledged the need for an alternative legal framework distinct from marriage, which the government is now attempting to implement.
The government’s approach, however, has drawn sharp criticism from LGBTQ+ advocates and some lawmakers. Critics argue that requiring overseas registration places financial and logistical burdens on couples who cannot afford to marry abroad, rendering the proposal inadequate. Activist groups describe the bill as a “minuscule step,” failing to address core partnership rights, while others condemn it for falling short of equality. Some pro-Beijing legislators have also expressed opposition, fearing the measure equates to covert recognition of same-sex marriage and contradicts traditional values, calling for delayed implementation and broader public consultation.
Despite the limited scope of Hong Kong’s current LGBTQ+ legal protections and absence of anti-discrimination laws, public opinion increasingly favours marriage equality, with surveys showing around 60% support in recent years. Courts have gradually expanded legal recognitions in areas such as spousal visas, civil service benefits, and tax arrangements for same-sex couples married abroad, indicating a slow but notable shift in legal precedents.
Source: Noah Wire Services
