(Hong Kong, 3rd) The Hong Kong Special Administrative Region Government will propose legislation to establish an alternative framework recognizing certain rights of same-sex partners who have registered their marriage overseas, in order to implement the 2023 judgment of the Hong Kong Court of Final Appeal.
In October 2023, the Hong Kong Court of Final Appeal ruled in support of same-sex partnership relationships, including civil unions, and required the Hong Kong government to establish an alternative framework within two years to legitimize the basic social needs of same-sex partners, but did not recognize same-sex marriage or the legal effect of overseas same-sex marriages in Hong Kong.
According to AFP and the online news platform "HK01", the Hong Kong government on Wednesday (July 2) submitted a policy document to the Legislative Council, recommending the establishment of a same-sex partner registration mechanism through legislation. Applicants must meet six criteria simultaneously, including having an effective overseas-registered same-sex marriage, being of the same gender, both parties being at least 18 years old, at least one party being a Hong Kong resident, neither party being in an effective marriage with another person, and the relationship not falling within the prohibited degrees of kinship.
The document points out that successfully registered same-sex partners will be able to enjoy or continue to enjoy rights related to medical matters, making medical decisions, sharing medical information, and handling after-death arrangements, among others.
However, the document does not cover rights relating to public housing, subsidized home ownership, inheritance, civil servant benefits, or joint tax filing—areas that have been the focus of many recent judicial reviews concerning the rights equality of same-sex partners in Hong Kong. In these cases, the government has consistently lost in court.
In the document, the government only states that it will continue to enforce relevant judicial rulings, and emphasized that same-sex partnership registration under the alternative framework is not equivalent to marriage.
Erick Tsang, Secretary for Constitutional and Mainland Affairs, said that the issue will be followed up at a Legislative Council committee meeting on Thursday (the 3rd), but did not clarify whether the bill can be completed before the October deadline set by the court.
AFP pointed out that Hong Kong's Legislative Council is currently dominated by the pro-establishment camp, whose members generally oppose recognizing the legal status of same-sex partners and insist that marriage should remain between one man and one woman.
In October 2023, the Hong Kong Court of Final Appeal ruled in support of same-sex partnership relationships, including civil unions, and required the Hong Kong government to establish an alternative framework within two years to legitimize the basic social needs of same-sex partners, but did not recognize same-sex marriage or the legal effect of overseas same-sex marriages in Hong Kong.
According to AFP and the online news platform "HK01", the Hong Kong government on Wednesday (July 2) submitted a policy document to the Legislative Council, recommending the establishment of a same-sex partner registration mechanism through legislation. Applicants must meet six criteria simultaneously, including having an effective overseas-registered same-sex marriage, being of the same gender, both parties being at least 18 years old, at least one party being a Hong Kong resident, neither party being in an effective marriage with another person, and the relationship not falling within the prohibited degrees of kinship.
The document points out that successfully registered same-sex partners will be able to enjoy or continue to enjoy rights related to medical matters, making medical decisions, sharing medical information, and handling after-death arrangements, among others.
However, the document does not cover rights relating to public housing, subsidized home ownership, inheritance, civil servant benefits, or joint tax filing—areas that have been the focus of many recent judicial reviews concerning the rights equality of same-sex partners in Hong Kong. In these cases, the government has consistently lost in court.
In the document, the government only states that it will continue to enforce relevant judicial rulings, and emphasized that same-sex partnership registration under the alternative framework is not equivalent to marriage.
Erick Tsang, Secretary for Constitutional and Mainland Affairs, said that the issue will be followed up at a Legislative Council committee meeting on Thursday (the 3rd), but did not clarify whether the bill can be completed before the October deadline set by the court.
AFP pointed out that Hong Kong's Legislative Council is currently dominated by the pro-establishment camp, whose members generally oppose recognizing the legal status of same-sex partners and insist that marriage should remain between one man and one woman.
Jimmy Sham, who had previously initiated a judicial review challenge, commented in an interview that the core rights protections under the government's proposed framework for same-sex partners were "unimaginably low." He criticized the requirement for same-sex partners to register overseas first, saying it may not meet the spirit of the court's ruling to guarantee "basic social needs." He further pointed out that the court had already made it clear that overseas same-sex marriages would not be recognized, rendering the government's approach self-contradictory.
He called on the government to listen to community groups, set up public hearings in the Legislative Council, and include a mechanism for review.
Clement Yau, co-founder of the Marriage Equality Association, also expressed disappointment with the alternative framework, noting that many same-sex couples cannot afford registration overseas due to financial pressure and fears the alternative framework could cause injustice and potentially spark further legal action.
Meanwhile, lawmaker Priscilla Leung, who opposes same-sex marriage, stated that the new system marked a "dark day" for the maintenance of traditional family values and expressed great sadness.
He called on the government to listen to community groups, set up public hearings in the Legislative Council, and include a mechanism for review.
Clement Yau, co-founder of the Marriage Equality Association, also expressed disappointment with the alternative framework, noting that many same-sex couples cannot afford registration overseas due to financial pressure and fears the alternative framework could cause injustice and potentially spark further legal action.
Meanwhile, lawmaker Priscilla Leung, who opposes same-sex marriage, stated that the new system marked a "dark day" for the maintenance of traditional family values and expressed great sadness.