The Hong Kong government has presented a proposal to establish a new registration system that would offer limited legal recognition to same-sex couples married or registered abroad, granting them select rights related to medical decisions and end-of-life matters.
The plan, submitted this week to the cityโs Legislative Council by the Constitutional and Mainland Affairs Bureau, follows a landmark ruling by Hong Kongโs top court in September 2023. While the court stopped short of granting full marriage equality, it mandated that the government introduce a legal framework for recognising same-sex relationships within two years.
Read More: Thailand Becomes First Southeast Asian Nation To Legalise Same-Sex Marriages
Two-Tier System Criticised
Under the proposed system, same-sex couples who are at least 18 years old โ and whose marriages, civil partnerships, or civil unions are legally recognised in foreign jurisdictions โ would be eligible to register their relationships, provided that one partner is a Hong Kong resident. Upon registration, couples would gain access to certain rights, including making medical decisions for an incapacitated partner, visiting them in hospital, and handling post-death arrangements such as claiming the body or authorising organ donation.
Crucially, the proposal does not extend to same-sex couples who have not formalised their union abroad, prompting criticism from LGBTQ+ advocates who say the system creates a two-tier structure. Prominent activist Jimmy Sham, who brought the original legal challenge, questioned why overseas marriage was a prerequisite for recognition, noting that heterosexual couples are not subject to the same requirement. He also called for broader rights, including equal prison visitation access. โThis doesnโt seem to meet the conditions of equality in registration,โ Sham told reporters. โI hope the government will consider public opinion and strike a balance between social acceptance and the expectations of same-sex couples.โ
Equality Advocates Push For More
Jerome Yau, co-founder of advocacy group Hong Kong Marriage Equality, described the proposal as โvery conservativeโ and warned that excluding local couples could expose the government to further legal challenges. โItโs a missed opportunity,โ he said. โThe current framework fails to provide equal treatment and may trigger more litigation.โ While the document stresses the need to balance evolving public attitudes with traditional social values, critics argue that the governmentโs approach is overly cautious, especially as public support for same-sex marriage in Hong Kong has grown significantly โ reaching 60% in 2023, according to a university-led survey.
Same-sex marriage and civil partnerships remain unavailable in Hong Kong, although courts have gradually extended recognition to foreign unions in specific contexts such as taxation, dependent visas, and civil service benefits. Many of these changes have come as a result of litigation rather than legislative initiative.
Proposal Heads To Legislature
The proposed registration system must still pass through the cityโs legislature, where debate is expected. Lawmakers will begin discussions on the proposal on Thursday, though no timeline has been set for the introduction of a bill. Still, LGBTQ+ advocates remain cautiously optimistic that the governmentโs proposal โ though limited โ could serve as a stepping stone toward broader reforms. Whether this initial framework will be expanded to cover more comprehensive rights remains to be seen.
Catherine Pun
A Hong Kong native with Filipino-Chinese roots, Catherine infuses every part of her life with zest, whether sheโs belting out karaoke tunes or exploring off-the-beaten-path destinations. Her downtime often includes unwinding with Netflix and indulging in a 10-step skincare routine. As the Editorial Director of Friday Club., Catherine brings her wealth of experience from major publishing houses, where she refined her craft and even authored a book. Her sharp editorial insight makes her a dynamic force, always on the lookout for the next compelling narrative.
