Hong Kong to press ahead with tabling same-sex partnership bill despite pushback

Hong Kong authorities will push ahead with introducing a bill recognising same-sex partnerships next Wednesday, despite strong opposition from the city’s major political parties.

The bill aims to grant same-sex couples rights related to medical matters and after-death arrangements, with details of the proposal submitted to the Legislative Council on Thursday and set to be published in a government gazette the following day.

The first and second readings will take place in the legislative meeting on July 16.

“The Hong Kong government ... must make it clear that same-sex partnerships registered under the alternative framework are not equivalent to marriages,” authorities said in the paper.

The government also stressed that it firmly upheld the city’s monogamous and heterosexual marriage system.

The bill is the government’s answer to a landmark court ruling in 2023 and was announced a week after authorities tabled a proposal for a Legco panel to discuss it last Wednesday.

Major political parties such as the Democratic Alliance for the Betterment and Progress of Hong Kong, the Business and Professionals Alliance for Hong Kong, the Hong Kong Federation of Trade Unions and the Liberal Party, which collectively account for 39 out of the city’s 89 lawmakers, have indicated their objections to the proposal.

Lawmaker Tik Chi-yuen told the Post that the government “had to” send the bill to the legislature out of respect for the court order.

“But the chance for the bill to be approved by lawmakers is very slim, as we see not only big parties, but also the public have voiced strong opposition to the proposed framework,” he said.

A 2023 report from the University of Hong Kong, the Chinese University of Hong Kong and the University of North Carolina showed that 60 per cent of Hongkongers were in favour of same-sex marriage, with only 17 per cent against.

In comparison, 50.4 per cent expressed their support for same-sex marriage in 2017, while 38 per cent did so in 2013.

Asked about his own stance, Tik said he opposed the proposed recognition system but needed to “carefully consider the judgment” handed down by the city’s top court.

A source previously told the Post that the government was “well aware” of political parties’ reservations and was “prepared” to apply to the court to extend the deadline for compliance, which falls on October 27.

Under the five-part bill, couples who have a valid same-sex marriage, partnership or civil union registered in a jurisdiction outside Hong Kong could have their relationship recognised under the proposed registration mechanism.

Both individuals must be adults, with at least one of them being a Hong Kong resident.

The recognised same-sex couples will be granted some rights related to medical matters such as hospital visits and the ability to access their partner’s health records, as well as those relating to after-death arrangements and organ transplants.

The secretary for constitutional and mainland affairs would appoint a public officer to be the registrar for same-sex partnerships, with an office to be set up for the role.

According to the fourth section of the bill, which lists offences and penalties, a two-year jail term and a HK$50,000 (US$6,370) fine will be imposed on those who wilfully remove or alter any documents kept or filed by the registrar.

If a same-sex partnership registered outside Hong Kong is terminated, the couple should notify the registrar within six months. Failure to do so could result in a HK$10,000 fine.

The government also addressed the prospect of negative public opinion in the paper, saying it had struck “an appropriate balance” to formulate the proposed registration mechanism.

The bill will invite amendments to six existing laws and regulations in the city, including the Cremation and Gardens of Remembrance Regulation, the Human Organ Transplant Ordinance and the Personal Data (Privacy) Ordinance.

In 2023, the Court of Final Appeal found that the government had violated the city’s Bill of Rights when it ruled in favour of a judicial challenge by activist Jimmy Sham Tsz-kit.

It gave the authorities two years to draw up laws setting out “core rights” of same-sex couples, but did not outline what they might be.

Last week, the Post reported that the Housing Authority had quietly opened up applications for public rental and subsidised homes to same-sex couples as part of efforts to address another ruling from the city’s top court last year.

The measures, including modifying the application form for seeking second-hand subsidised homes, were implemented without any public announcement. - South China Morning Post