The Hong Kong government said Wednesday it will propose legislation to recognise a limited set of rights for same-sex couples whose marriages are registered abroad, as it seeks to comply with a landmark court ruling.
The city’s top judges had unanimously defined marriage as “confined to opposite-sex couples” in September 2023. But the same ruling also ordered the government to create an “alternative framework” within two years that recognises same-sex couples’ legal rights.
In a policy paper published on Wednesday, the Hong Kong government wrote that it “recommends legislation to allow same-sex couples to apply for registration under a newly established registration mechanism”.
The proposal is limited to healthcare-related rights — such as hospital visits, making medical decisions, sharing medical information and organ donation — and rights related to a deceased person’s body.
To be eligible, adult couples must have been lawfully married abroad, with at least one person a Hong Kong resident.
“There are different views in society regarding the legal recognition of same-sex couples’ relationships,” the government added.
“We must make careful deliberations and… strike a balance, to avoid causing social rifts and affecting social harmony.”
The 2023 top court ruling was in response to a legal challenge by LGBTQ activist Jimmy Sham, who recently completed his prison sentence over an unrelated national security offence.
Sham said limiting eligibility to same-sex couples with overseas-registered marriages would create financial and practical hurdles.
It “seems not to comply with the principle of equality, and I am doubtful if it complies with the court’s ruling”, he told AFP.
Sham said he did not understand how the government narrowed down to two categories of rights and argued for including more, such as those related to insurance policies and private property that he said would not cost taxpayer dollars.
“I hope there will be public hearings in the legislature to accommodate different voices, to show that Hong Kong is actually very diverse,” he added.
– ‘Inherently unfair’ –
Jerome Yau, co-founder of the advocacy group Hong Kong Marriage Equality, said the eligibility restrictions were “inherently unfair and could lead to further litigation”.
Yau said his group previously submitted views to the government but he was not aware of any public consultation on the issue.
Lawmakers will discuss the issue on Thursday, Secretary for Constitutional and Mainland Affairs Erick Tsang told journalists, according to local newspaper Ming Pao.
He declined to specify a target date for passing the bill.
Hong Kong reformed its legislature in 2021 so that only those loyal to Beijing can hold office, ousting pro-democracy lawmakers en masse.
Members of the pro-Beijing camp have spoken out against legal recognition of same-sex couples’ rights, insisting that Hong Kong society only tolerates marriage between a man and a woman.
Pro-Beijing lawmaker Priscilla Leung wrote on Facebook on Wednesday that the proposal will “open a Pandora’s box and cause endless disputes in society”.
But support for same-sex marriage in Hong Kong has grown over the past decade and hit 60 percent in 2023, according to a survey conducted jointly by three universities.
Last year, LGBTQ rights activists notched another legal victory with the top court affirming housing and inheritance rights for same-sex couples.
Wednesday’s policy document does not mention rights related to housing, inheritance or taxes.
More than 30 countries around the world have legalised marriage equality since the Netherlands became the first to do so in 2001.
China is not among them, nor does it have specific laws prohibiting discrimination against LGBTQ people.
