LGBTQ activists have urged stronger protections under Hong Kong’s proposed framework for recognising same-sex unions, with one group saying the suggestions were only a “minuscule step” towards protecting same-sex relationships.
NGO Hong Kong Marriage Equality said in a statement on Wednesday that the government’s proposal for a framework recognising same-sex relationships “falls well short of providing the full and equal recognition that all couples and families deserve.”
The group’s statement came just hours after the Constitutional and Mainland Affairs Bureau’s (CMAB) proposal was submitted to the Legislative Council.
The proposal stems from a top court ruling in 2023 that obliged authorities to establish a framework recognising same-sex marriage, giving the government two years to do so.
LGBTQ groups were not consulted in the process of creating the framework.
Hong Kong Marriage Equality, as well as other NGO groups, criticised the framework for requiring same-sex couples to have their relationships registered overseas first before applying for recognition in Hong Kong.
“This is inherently unfair and could lead to further litigation,” the group said, adding that the proposal was a “miniscule step” towards protecting same-sex couples.
LGBTQ activist Jimmy Sham, who brought to court the case that resulted in the landmark decision, said the proposal did “unimaginably little” for the “core rights of partnership.”
“[I] suspect that it does not meet the requirements of the Court of Final Appeal’s ruling, which states that the framework must allow same-sex couples to ‘meet basic needs in society,” he wrote.
He said the criteria that couples must be registered overseas first was a “very big barrier,” as some may not be able to afford this.
Next Chapter, a group that acts as an agent helping same-sex couples to register their marriages in the US without having to leave the city, told HKFP it charges upwards of HK$21,800 for the service.
See also: Partners in Pride: A new generation of LGBTQ couples juggling parenthood, life and law in Hong Kong
In contrast, marriage registration in Hong Kong – limited only to heterosexual couples – costs less than HK$2,000.
‘Social harmony’
The proposed framework would allow same-sex couples who had registered their marriage, civil partnership, or civil union in a place outside Hong Kong to be recognised in the city. At least one party must be a Hong Kong resident.
The bureau said in its proposal that it must be “prudent” in its consideration, given differing societal views on the legal recognition of same-sex partnerships, “so as to avoid creating social divisiveness thus undermining social harmony.”
“There should be suitable requirements for registration under the alternative framework, the purposes of which are to align with practical circumstances and societal expectations, whilst at the same time protecting the applicants’ rights and interests and preventing abuse,” the CMAB said.
Same-sex couples would also be entitled to rights related to medical matters, such as hospital visitation and participating in medical decisions. Partners would also be able to handle after-death arrangements including body identification procedures and applying to cremate or bury their deceased partner.
Sham said that those terms were a “good direction,” though there were other rights including the right to visits one’s partner in prison that he believed were “essential.” They should also have the right to dissolve – not just deregister – their overseas marriage from Hong Kong, he added.
According to a 2023 survey, some 60 per cent of people in Hong Kong support the legalisation of same-sex marriage, while only 17 per cent said they were not supportive.
“The simplest, fairest and most-effective way to provide all Hong Kong couples and families the dignity, security, protection and unity they deserve is, of course, by ending the exclusion from marriage – as nearly 40 jurisdictions around the world have done, with no adverse effects,” NGO Hong Kong Marriage Equality said.
