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HKFP
11-07-2025
- Politics
- HKFP
‘Monogamous, heterosexual' marriage not compromised by same-sex union framework, Hong Kong gov't says
'The monogamous and heterosexual marriage system' will not be compromised by a proposal to recognise some legal rights of same-sex partners married abroad, the Hong Kong government has said ahead of the bill's introduction to the legislature next week. The remark comes after the government proposed last week an alternative framework to recognise same-sex partnerships registered overseas, in a move to comply with a top court ruling. However, the proposed framework will not allow same-sex partners to marry locally. 'The Bill aims to establish a registration system for same-sex partnerships, so that same-sex partners can apply for registration of their same-sex partnerships,' the government said in a statement on Friday, announcing the gazettal of the Registration of Same-sex Partnerships Bill. 'We reiterate that establishing the alternative framework to introduce a registration system for same-sex partnerships will not compromise the Government's established position on upholding the monogamous and heterosexual marriage system,' the statement read. The bill will be introduced to the legislature for its first reading on Wednesday. The government released the proposal last week, ahead of the two-year deadline set by a Court of Final Appeal ruling in September 2023 to establish a framework recognising same-sex couples' legal rights. The judgment was the result of a legal challenge by LGBTQ activist Jimmy Sham, who recently completed his prison sentence for subversion in Hong Kong's largest national security case. Debate The bill proposes that same-sex couples be afforded rights related to medical matters, such as hospital visitation and participation in medical decisions. Partners would also be able to handle after-death arrangements, including body identification procedures and applying to cremate or bury their deceased partner. The proposed framework has been met with resistance from lawmakers. Some said it would upend traditional familial values, while others said recognising same-sex partnerships registered overseas was functionally the same as allowing same-sex marriage in Hong Kong. Secretary for Constitutional and Mainland Affairs Erick Tsang defended the proposal last week, saying the government 'does not intend to recognise same-sex marriage.' Meanwhile, activists and advocacy groups have criticised the framework as insufficient for same-sex couples in Hong Kong. Hong Kong Marriage Equality said it was only a 'minuscule step' towards protecting same-sex relationships. Sham said the proposal did 'unimaginably little' for the 'core rights of partnership,' pointing out that the financial cost of an overseas-registered marriage would also be a barrier for couples who are not as well off. While same-sex acts were decriminalised in 1991, Hong Kong has no laws to protect the LGBTQ community from discrimination in employment, the provision of goods and services, or hate speech. Equal marriage remains illegal, although a 2023 survey showed that 60 per cent of Hongkongers supported it. Despite repeated government appeals, courts have granted some recognition to those who married – or who entered civil partnerships – abroad in terms of tax, spousal visas, and public housing.
Time Out
07-07-2025
- Politics
- Time Out
Hong Kong proposes recognising same-sex partnerships
Last week, the Hong Kong government proposed a system that would finally allow same-sex partnerships to be legally recognised in the city, which would grant queer couples more rights that are simply a given for heterosexual marriages and partnerships. The catch is that Hong Kong will still not be offering the option for same-sex partnerships to be officiated here – queer couples will have to get married, form civil partnerships or civil unions overseas first. According to a document submitted to the legislature by the Constitutional and Mainland Affairs Bureau, the union of adult same-sex couples needs to be performed in a jurisdiction where they are legally recognised, and at least one of the pair has to be a Hong Kong resident for our government to recognise their partnership back in the city. After being registered, couples can enjoy rights such as making medical decisions for their partners with consent and handling their affairs in the event of death, such as claiming their bodies and deciding what to do with their remains. This proposal comes as our government's response to being ordered back in September 2023 to set up a legal framework working towards recognising the rights of homosexual couples in the city. While this is a step in the right direction, the proposal is definitely not without its setbacks. Not all rights that heterosexual couples enjoy are granted to same-sex couples yet, such as equal prison visiting rights. Activist Jimmy Sham, who fought a long legal battle over the recognition of same-sex marriages and was instrumental in the 2023 ruling, questioned why Hong Kong's homosexual couples had to register their union overseas to get recognition locally, when heterosexual couples don't have to do so. This also means that there's a financial barrier to travelling overseas and registering for foreign legal documents, when heterosexual Hongkongers have never had to jump through these hoops. The government is expected to table a bill at a later date, and hopefully there will be more details and amendments that address obvious inequalities for the LGBTQIA+ community and reflect our society's rising acceptance of queer people.
South China Morning Post
04-07-2025
- Politics
- South China Morning Post
Is proposal to recognise same-sex partnerships in Hong Kong dead on arrival?
A proposal by the Hong Kong government to recognise same-sex partnerships in line with a top court ruling may hit a dead end amid mounting opposition in the legislature, with one legal expert saying authorities may consider a rejection as closing the file on the controversy. Failure to enact the legislation could mean that same-sex couples would continue to be barred from having their relationships officially recognised in the near future and invite more judicial challenges, lawyers warned on Friday. The Court of Final Appeal found the government was violating the Bills of Rights when it ruled in favour of a judicial challenge by activist Jimmy Sham Tsz-kit in 2023. It gave the government two years to draw up laws setting out 'core rights' of same-sex couples, but did not outline what they might be. On Friday, lawmaker Regina Ip Lau Suk-yee, the convenor of the key decision-making Executive Council, said she and five other members of her New People's Party would vote in favour of the 'very practical and basic' proposal by the government, a day after several major political parties voiced opposition to the plan in the Legislative Council. In a paper submitted to Legco on Wednesday, the Constitutional and Mainland Affairs Bureau proposed allowing same-sex couples to apply to have their relationship recognised in Hong Kong if they had first registered it in another jurisdiction. The move would grant same-sex couples some rights, such as those related to medical and after-death matters, although some LGBTQ activists described the proposal as conservative and vague.
Reuters
03-07-2025
- Politics
- Reuters
Hong Kong legislative council considers local registration for same-sex couples
HONG KONG, July 3 (Reuters) - Hong Kong's legislative council began discussion on Thursday of a government proposal to allow local registration for same-sex couples who have registered their marriage or relationship overseas, amid strong opposition from pro-Beijing legislators. The Hong Kong government is proposing to establish a registration system to give legal recognition to same-sex couples who have registered overseas, according to an official document released on Wednesday. Hong Kong's top court in September 2023 partially approved a landmark appeal by LGBTQ activist Jimmy Sham for recognition of same-sex marriages. Although not then granting a constitutional right to same-sex marriage, judges gave the government two years to develop a legal framework to meet basic social needs. Many pro-Beijing legislators have expressed strong opposition to the proposal and asked the government to seek a delay from the court. They have also urged for public consultation before any legislative change. Holden Chow, a member of the Democratic Alliance for the Betterment and Progress of Hong Kong (DAB), said approving the proposal would encourage people to enter into same-sex marriages overseas, effectively granting the marriages recognition. The legislative council has "the responsibility to uphold traditional Chinese family values and the institution of marriage between one man and one woman," Chow said. "I oppose the indirect recognition of same-sex marriage and firmly oppose this alternative proposal." Secretary for Constitutional and Mainland Affairs Erick Tsang told the legislature the government has to respect the court's ruling, and said it was "crystal clear" the court and the government have no intention to shake the foundation of marriage between a man and a woman. "I want to stress again, from the beginning till the end, including the court and the government, we did not intend to recognise same-sex marriage," Tsang said. Sham and other LGBTQ groups have criticized the requirement that same-sex couples must first be married or registered overseas, arguing that it creates significant barriers for those who cannot afford to travel to another country to register. Sham and other activists have attended the legislative council meeting, which is open to the public. Tsang dismissed Sham's objection and the difficulties of registering overseas. "There are currently over 30 countries or regions around the world that offer same-sex marriage or partnership registration, some even allowing online registration," Tsang said. "We believe that for most people, this should not pose a significant challenge. Ultimately, it is a matter of choice." After the meeting, Sham told reporters outside the legislature that more than 60% of Hong Kong residents had supported same-sex marriage in past surveys. "I have heard that the main reason to oppose the proposal is to uphold the traditional family values. I would like to say that each of us grew up in a traditional family," Sham said. "We do not want to destroy traditional family values. We only wish to have a safeguard of our life."
HKFP
03-07-2025
- Politics
- HKFP
LGBTQ activists say Hong Kong's proposed same-sex union framework insufficient for safeguarding rights
LGBTQ activists have urged stronger protections under Hong Kong's proposed framework for recognising same-sex unions, with one group saying the suggestions were only a 'miniscule step' towards protecting same-sex relationships. NGO Hong Kong Marriage Equality said in a statement on Wednesday that the government's proposal for a framework recognising same-sex relationships 'falls well short of providing the full and equal recognition that all couples and families deserve.' The group's statement came just hours after the Constitutional and Mainland Affairs Bureau's (CMAB) proposal was submitted to the Legislative Council. The proposal stems from a top court ruling in 2023 that obliged authorities to establish a framework recognising same-sex marriage, giving the government two years to do so. LGBTQ groups were not consulted in the process of creating the framework. Hong Kong Marriage Equality, as well as other NGO groups, criticised the framework for requiring same-sex couples to have their relationships registered overseas first before applying for recognition in Hong Kong. 'This is inherently unfair and could lead to further litigation,' the group said, adding that the proposal was a 'miniscule step' towards protecting same-sex couples. LGBTQ activist Jimmy Sham, who brought to court the case that resulted in the landmark decision, said the proposal did 'unimaginably little' for the 'core rights of partnership.' '[I] suspect that it does not meet the requirements of the Court of Final Appeal's ruling, which states that the framework must allow same-sex couples to 'meet basic needs in society,' he wrote. He said the criteria that couples must be registered overseas first was a 'very big barrier,' as some may not be able to afford this. Next Chapter, a group that acts as an agent helping same-sex couples to register their marriages in the US without having to leave the city, told HKFP it charges upwards of HK$21,800 for the service. In contrast, marriage registration in Hong Kong – limited only to heterosexual couples – costs less than HK$2,000. 'Social harmony' The proposed framework would allow same-sex couples who had registered their marriage, civil partnership, or civil union in a place outside Hong Kong to be recognised in the city. At least one party must be a Hong Kong resident. The bureau said in its proposal that it must be 'prudent' in its consideration, given differing societal views on the legal recognition of same-sex partnerships, 'so as to avoid creating social divisiveness thus undermining social harmony.' 'There should be suitable requirements for registration under the alternative framework, the purposes of which are to align with practical circumstances and societal expectations, whilst at the same time protecting the applicants' rights and interests and preventing abuse,' the CMAB said. Same-sex couples would also be entitled to rights related to medical matters, such as hospital visitation and participating in medical decisions. Partners would also be able to handle after-death arrangements including body identification procedures and applying to cremate or bury their deceased partner. Sham said that those terms were a 'good direction,' though there were other rights including the right to visits one's partner in prison that he believed were 'essential.' They should also have the right to dissolve – not just deregister – their overseas marriage from Hong Kong, he added. According to a 2023 survey, some 60 per cent of people in Hong Kong support the legalisation of same-sex marriage, while only 17 per cent said they were not supportive. 'The simplest, fairest and most-effective way to provide all Hong Kong couples and families the dignity, security, protection and unity they deserve is, of course, by ending the exclusion from marriage – as nearly 40 jurisdictions around the world have done, with no adverse effects,' NGO Hong Kong Marriage Equality said.
