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Straits Times
5 days ago
- Business
- Straits Times
HK's same-sex union Bill marks first big split between govt and legislature
The contention is over the government's proposal to recognise a limited set of legal rights for same-sex couples who are married abroad. – The first major clash of views between Hong Kong leader John Lee's administration and the usually biddable legislature is centred on an issue that affects just 6 per cent of the city's population. The contention is over the government's proposal to recognise a limited set of legal rights for same-sex couples who are married abroad. This move would affect the roughly 450,000 people who identify as non-heterosexual in the population of 7.4 million in the Asian financial hub. The divergence of views, while a healthy sign of diversity, is proving a headache for the government. The Bill to recognise these rights – which is the government's bid to comply with a landmark court ruling in 2023 obliging it to do so – was formally introduced to the Legislative Council (LegCo) on July 16. Lawmakers were set to debate the proposal, but that has for now been adjourned. A date for the debate, which precedes a vote on the Bill, has yet to be announced. The delay comes after strong opposition to the Bill from nearly half the 89-member LegCo. For the Bill to be passed into law, a majority vote is required. Top stories Swipe. Select. Stay informed. Singapore 30% of aviation jobs could be redesigned due to AI, automation; $200m fund to support workers: CAAS Singapore Residents in South West District get help to improve employability, find career opportunities Singapore Alleged Kpod peddler filmed trying to flee raid in Bishan charged with 6 offences Singapore UOB awarded $17.7m in civil suit against Lippo Marina Collection over inflated housing loans Life Kinokuniya opens third bookstore in Raffles City, weeks ahead of schedule Business DBS shares rally to a new record as STI clocks yet another high Singapore 5 foreigners charged over scheme to deliberately get arrested in S'pore to sell sex drugs Asia Lightning strikes kill 33 people in eastern India But with 41 lawmakers having already said they will either reject the Bill or abstain from the vote and only eight publicly expressing their support for it so far, a veto looks almost certain. It is an unusual situation in Hong Kong's 'patriots only' legislature, which has, since an electoral overhaul in 2021, been largely aligned with the government's objectives, resulting in the uneventful passage of most Bills – until now. Over the past week, top officials have repeatedly articulated the government's stance on the matter and urged lawmakers to back the same-sex partnerships Bill. On July 15, a day ahead of the Bill's scheduled readings in LegCo, Chief Executive Lee stressed that the government was obliged to set up a framework to recognise the core legal rights of married same-sex couples, or risk violating the rule of law. 'The rule of law is the cornerstone of Hong Kong's economy, investors' confidence and its long-established success,' Mr Lee said. 'Violating it will mean serious consequences.' He added, however, that he would 'respect the LegCo's final decision' on the matter. Hong Kong's top court had in September 2023 ruled that the government had failed in its Constitutional duty to provide means for the legal recognition of same-sex partnerships, and gave it two years to do so. The deadline falls on Oct 27. The Court of Final Appeal's ruling came after gay activist Jimmy Sham's legal challenge to the city to recognise such marriages registered abroad. Same-sex marriages are not permitted in Hong Kong. On July 16, Secretary for Constitutional and Mainland Affairs Erick Tsang told LegCo that the government's proposal was a 'reasonable balance' between fulfilling same-sex couples' basic societal needs and preserving the heterosexual marriage system. 'The government understands that the Bill is controversial, but… we hope lawmakers will be pragmatic, rational and impartial in scrutinising it,' he said. LegCo rules stipulate that the scrutiny of a Bill should 'be completed within three months of its commencement', or an extension be requested if necessary. The proposed framework grants to same-sex couples who have entered into marriage overseas, and of whom at least one is a Hong Kong resident, legal rights in matters relating to healthcare, such as making medical decisions, hospital visits and after-death arrangements. But many lawmakers in the city's heavyweight political parties see it as an attack on the institution of marriage. Legislator Holden Chow of the Democratic Alliance for the Betterment and Progress of Hong Kong said the Bill, if passed, would in effect recognise same-sex marriage. Legislator Stanley Ng of the Hong Kong Federation of Trade Unions warned that the Bill would 'completely turn our values and foundations upside down'. Independent lawmaker Junius Ho called on the government to ask Beijing to overturn the court ruling, arguing that the proposed law would 'hurt tens of thousands of Hong Kong's future generations'. 'Diversity, inclusiveness, equality. Together, they are D-I-E. Die. A dead end,' he told a forum in December 2024. Among the few legislators publicly supporting the Bill is Mrs Regina Ip of the New People's Party, who described it as a 'very practical' proposal that allows the government to do merely 'the minimum' to fulfil the court's order. According to Professor John Burns, emeritus professor of politics and public administration at the University of Hong Kong, the discord over the Bill raises some broader issues. 'It demonstrates to the world that Hong Kong continues to have its own autonomy as its courts and the government remain independent (from the Chinese central government),' Prof Burns said. 'But Junius Ho's call to have Beijing step in to overturn the Hong Kong court ruling serves to undermine Hong Kong's autonomy and 'one country, two systems',' he added. 'One country, two systems' refers to the framework under which Beijing promised Hong Kong a high degree of autonomy that lets it retain its own economic, legal and administrative systems that are different from those of mainland China after returning to the mainland's fold in 1997. 'It also raises the issue of the extent to which this Legislative Council actually represents the people of Hong Kong, as the lawmakers' overwhelming opposition to the Bill is out of step with public opinion in the city,' said Prof Burns. A 2023 survey showed 85 per cent of Hong Kongers favour granting some legal rights to same-sex couples. Sixty per cent of the more than 1,500 respondents said they agreed with same-sex marriage; 23 per cent were neutral; while 17 per cent were against it. Prof Burns suggested that the lawmakers' opposition could also be in part to pander to their ultra-conservative supporters ahead of the upcoming LegCo elections on Dec 7. Until now, the current LegCo had been closely aligned with the government's goals, helping it push through legislation that in a previous era would have been endlessly stalled by dissenting lawmakers and their filibustering. In 2024, for example, it took just 12 days to approve a domestic national security law that had been delayed for over two decades. Mr Jerome Yau, co-founder of the advocacy group Hong Kong Marriage Equality, said the same-sex partnerships Bill 'represents a small but important step forward in acknowledging same-sex relationships in Hong Kong'. The diverse views on the issue 'show that Hong Kong is a pluralistic society', Mr Yau said, adding that it was in Hong Kong's best interests to maintain this aspect of the city 'as global talent and investors increasingly value openness, diversity and inclusivity'. 'Any protection is better than none,' his non-governmental organisation said in a separate statement. 'But the proposal, as it stands, falls well short of providing the full and equal recognition that all couples and families deserve.' Even so, Hong Kong-based Singaporean lawyer Tan Loke Khoon, who is openly gay, is 'grateful' that the government is pushing to pass the Bill. Hong Kong-based Singaporean lawyer Tan Loke Khoon (left) with his partner Peter Leong on their wedding day in Vancouver, Canada, on Dec 22, 2022. PHOTO: COURTESY OF MR TAN LOKE KHOON Mr Tan, who wed his partner Peter Leong in Vancouver, Canada, in 2022, said he had been disappointed he could not get married in Hong Kong or Singapore, both of which he calls home. 'It means so much to be able to celebrate your union with your partner in the place you love. But the reality is that things take time,' said the lawyer who leads LGBT initiatives, including Pink Dot, in Hong Kong and the region for his law firm. Having legal rights from his marriage recognised in Hong Kong would be an 'extremely important and necessary' development for the city. 'Just as Singapore made a small step forward in repealing 377A, Hong Kong would be moving in the right direction if the same-sex partnerships Bill is passed here,' he added. Mr Tan was referring to a colonial-era law under Section 377A of Singapore's penal code that had criminalised sex between men for nearly a century until it was abolished in 2022 . Singapore also amended the Constitution at the same time to protect the heterosexual definition of marriage – a union between a man and a woman – from legal challenge. Prof Burns expects the Bill to 'die at the stage of debate', given the lack of lawmaker support for the Hong Kong government's proposed legislation. 'The government can then request an extension of the Oct 27 deadline from the court, and push the matter to the new LegCo after the election in December,' he said. Hong Kong's situation is already better than that in other jurisdictions, the academic said, explaining that the city has judges who can adjudicate independently on such matters of contention, a government that is obliged to heed the courts' orders, and lawmakers who can vote on these matters. But the legislature's strong opposition to the Bill that affects only the small group of non-heterosexual people is a reflection of the 'small-mindedness and lack of cosmopolitanism' that exists within Hong Kong society, Prof Burns said. 'It suggests that Hong Kong is still not a global city and that it is not actually interested in attracting the best talents, wherever and whomever they may be,' he added.
HKFP
6 days ago
- Politics
- HKFP
Hong Kong minister urges lawmakers to support gov't proposal to give limited rights to same-sex couples
A Hong Kong minister has urged lawmakers to be 'objective' and support the government's plan to afford limited recognition to same-sex couples registered abroad. Secretary for Constitutional and Mainland Affairs Erick Tsang said during a Legislative Council (LegCo) meeting on Wednesday that he understood the bill was controversial, but insisted the proposal would not undermine traditional family values. 'We maintain that the bill has struck a balance,' he said in Cantonese. 'Under the premise of an inclusive, cohesive, and united society, we also hope that legislators can conduct a professional review of this bill in an objective, impartial and fact-based way.' Earlier this month, the government presented lawmakers with a proposal to establish a registration system for same-sex couples who were married or had formed a civil union abroad. The bill is limited to granting registered couples rights in matters relating to healthcare and death, such as hospital visits, making medical decisions, and collecting the body of a deceased partner. At least one person in the couple must be a Hong Kong resident. Many lawmakers in the opposition-free legislature have expressed opposition to the bill, calling it 'an attack' on the institution of marriage. They have also said that the proposal could pave the way for legalising same-sex marriage in Hong Kong. The LegCo no longer has any pro-democracy members after an overhaul in 2021 required lawmakers to be 'patriots' to take office. Meanwhile, LGBTQ groups have said that the proposal falls short of giving same-sex couples full recognition and protection. The bill requires couples to have their partnerships registered abroad and does not address issues such as childcare and inheritance. NGOs including Hong Kong Marriage Equality have also cited high public support in Hong Kong for LGBTQ rights, pointing to a 2023 survey that found around 60 per cent of respondents agreed with same-sex marriage. 'Legally binding' The government's proposal comes as Hong Kong has around three months left to establish a framework for recognising same-sex partnerships, following a top court ruling in 2023 that found the lack of such a mechanism unconstitutional. The Court of Final Appeal gave the government two years to put such a mechanism in place. However, no known public consultations have been held despite attempts by LGBTQ groups to share their views with the government. Speaking to lawmakers on Wednesday, Tsang said the government has a responsibility to abide by the top court's ruling. Otherwise, he added, that would undermine the city's rule of law. 'The Court of Final Appeal's ruling is absolutely legally binding… the government cannot defy the court's decision,' he said. Lawmakers will debate the bill at a House Committee meeting on Friday. According to HK01, 45 lawmakers – more than half of the 89-strong Legislative Council – have said they are inclined to vote against the bill or abstain from voting. Members of pro-establishment parties, including the Democratic Alliance for the Betterment and Progress of Hong Kong (DAB), the Hong Kong Federation of Trade Unions, and the Liberal Party – are expected to vote down the proposal. Only one party – the New People's Party – has said it would support the bill. Independent lawmaker Doreen Kong, and some members of the Executive Council, including Stanley Ng and Gary Chan, have indicated they would vote in favour, Ming Pao reported. Chief Executive John Lee said on Tuesday that substantial research and consideration of legal advice went into the authorities' formulation of the proposal. He said the city's marriage system would remain 'monogamous and heterosexual,' apparently seeking to assuage lawmakers' opposition to the proposal.
HKFP
15-07-2025
- Politics
- HKFP
Hong Kong leader backs bill granting same-sex couples limited legal rights
Hong Kong Chief Executive John Lee has backed a bill granting limited legal rights to same-sex couples amid opposition from the city's legislature, saying violating the top court's ruling 'will bring serious consequences.' 'The decision made by the [Court of Final Appeal] is final. The government cannot contravene the determination of the CFA and must take appropriate follow-up action,' he said at a weekly press conference on Tuesday. Lee added that the Constitutional and Mainland Affairs Bureau had formulated the proposal after thorough research and consideration of legal advice. The bill, which proposes to recognise some legal rights of same-sex partners married abroad, will be introduced to the legislature for its first reading on Wednesday. The proposed framework includes a mechanism to recognise same-sex marriages and civil partnerships or unions registered overseas, but will not allow same-sex partners to marry in Hong Kong. The government earlier this month submitted its proposal ahead of a two-year deadline set by a Court of Final Appeal ruling in September 2023. 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. 'Monogamous and heterosexual' Lee on Tuesday said the city's marriage system would remain 'monogamous and heterosexual,' appearing to assuage lawmakers' opposition to the proposal. 'First, lawful marriage in Hong Kong is between one man and one woman – monogamous and heterosexual marriage. Second, the CFA's judgment also affirms that the right to marriage protected under the Basic Law is limited to heterosexual marriage,' Lee said. During a Legislative Council (LegCo) meeting last week, many legislators said the government's framework would upend traditional familial values, while some said that recognising same-sex partnerships registered overseas was functionally the same as allowing same-sex marriage in Hong Kong. As to whether the authorities would consider their obligation to the top court fulfilled if the legislature vetoes the framework, Lee added that the top court ruling 'has the force of law and is legally binding on the government.' 'The government must not act in violation of the court's ruling; otherwise, it will be against the rule of law,' he said, adding that 'violating the law will bring serious consequences.' The government 'will make every effort to facilitate LegCo's scrutiny of the bill… and respect LegCo's final decision,' he added. Meanwhile, activists and advocacy groups have criticised the framework as insufficient for same-sex couples in Hong Kong. Hong Kong Marriage Equality said that the proposal only took 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 same-sex couples who are not as well-off.
HKFP
09-07-2025
- Business
- HKFP
Hong Kong proposes new offences under real-name SIM card registration system
The Hong Kong government has proposed new offences under a real-name SIM card registration system to criminalise the improper use of SIMs registered in another person's name. According to a proposal submitted to the Legislative Council (LegCo) this month, the government proposed making it illegal to provide or solicit personal information that would be used by another person to register a SIM card. Selling or buying, leasing or renting, lending or borrowing, and supplying or acquiring a SIM card already registered with someone's personal information will also be illegal. The authorities are also seeking to criminalise possession of a SIM card with another person's information, unless done with reasonable cause or excuse. Someone who possesses 10 or more SIM cards registered with another person's information will be presumed to have the intent to use those cards to 'commit a crime or facilitate the commission of a crime.' Fraudulent activities The proposal cited market surveillance conducted by the Office of the Communications Authority (OFCA), which suggested that there were individuals selling registered pre-paid SIM cards or offering to provide their personal information for real-name registration. Such practices are inconsistent with the objective of the real-name registration system and 'possibly involve fraudulent activities,' the proposal said. The government has proposed a maximum fine of HK$25,000 or 12 months' imprisonment. The police will be primarily responsible for enforcement, according to the proposal. It also stated that members of the public, businesses or organisations that use or possess multiple SIM cards registered with other people's information 'with reasonable justification or excuse' will not be affected by the proposed offences. For instance, a minor or an elderly person may register a SIM card through their family members, and a company or organisation may have multiple registered SIM cards for use by its staff, 'with proper authorisation and in compliance with the regulatory procedures.' Separate from the three new offences, the government is also proposing to limit each person to three prepaid SIM cards per telecommunications service provider, down from the current 10. The changes to the Telecommunications (Registration of SIM Cards) Regulation would help minimise the risk of abuse while causing 'minimal impact' to the majority of users, the government said. Criminalising the improper use of registered SIM cards and implementing a reduced registration limit of prepaid SIM cards for individual users can effectively combat fraudulent activities and better protect service users from potential harm, the proposal said. The authorities aim to introduce the amendments to the legislature for scrutiny in 2026.
Radio Free Asia
08-07-2025
- Politics
- Radio Free Asia
Hong Kong pro-democracy party disbands under pressure from Beijing
The League of Social Democrats, a pro-democracy party with a 19-year history, announced on Sunday its disbandment, signaling the disappearance of pro-democracy parties from Hong Kong's political landscape. 'Next year would have marked the 20th anniversary of our founding, but we will not make it to that day,' LSD said in a media notice on Friday. 'We are announcing our dissolution.' A source told RFA Cantonese that LSD was warned several times, beginning in April, that it must dissolve before July 1 or risk being forcibly disbanded. Incumbent LSD chairperson Chan Po-ying has previously declined to comment. On Friday, she again said she would not respond before the press conference. 'No Resistance, No Change' Founded in 2006, LSD's slogan was 'No resistance, no change.' The party made headlines in 2008 when it secured three seats in the Legislative Council with Wong Yuk-man, Leung Kwok-hung, and Albert Chan, becoming the third-largest pro-democracy party. Known for its confrontational style, LSD lawmakers famously threw bananas at then-Chief Executive Donald Tsang during a LegCo session, becoming a symbol of the city's radical democrats. Outside the legislature, LSD organized and participated in numerous protests and civil disobedience campaigns. In 2009, LSD and the Civic Party launched the 'Five Constituencies Referendum' campaign, in which five lawmakers resigned and re-contested their seats to demand universal suffrage. All five, including LSD's Leung Kwok-hung, Wong Yuk-man, and Albert Chan, and Civic Party's Alan Leong and Tanya Chan, were re-elected in the May 2010 by-election. Legislative filibusters and internal splits In 2011, LSD launched a 'vote repayment' campaign targeting the Democratic Party for its role in pushing forward Beijing-approved electoral reforms. Internal disagreements over strategy led to a split, with Wong Yuk-man and Albert Chan forming People Power. Leung Kwok-hung then took over as LSD chair. The party retained only one LegCo seat in the 2012 and 2016 elections but continued legislative filibusters and budget protest actions alongside People Power. In 2016, Leung Kwok-hung was disqualified from LegCo for holding a yellow umbrella and tearing up a copy of the NPC's '831' decision during his oath-taking. Since then, LSD has had no seats in the legislature but continued grassroots activism and protest actions. Leung Kwok-hung still imprisoned Many LSD members have served jail time for civil disobedience. Leung Kwok-hung, now 69, remains in prison as a defendant in the 47 democrats' national security case. LSD vice-chair Jimmy Sham, also one of the 47, was released last month after serving his sentence. Even after other pro-democracy parties such as the Democratic Party and Civic Party disbanded, LSD continued street actions under the National Security Law era — addressing issues like labor importation and minimum wage. Earlier this year, the party planned a protest outside government headquarters on Budget Day but canceled due to 'immense pressure.' Some LSD members also had their bank accounts frozen or closed, and several were charged for 'unauthorized fundraising in public' and 'unauthorized display of posters.'
