Hong Kong Chief Executive John Lee has backed a bill granting limited legal rights to same-sex couples amid opposition from the city’s legislature, saying violating the top court’s ruling “will bring serious consequences.”
“The decision made by the [Court of Final Appeal] is final. The government cannot contravene the determination of the CFA and must take appropriate follow-up action,” he said at a weekly press conference on Tuesday.
Lee added that the Constitutional and Mainland Affairs Bureau had formulated the proposal after thorough research and consideration of legal advice.
The bill, which proposes to recognise some legal rights of same-sex partners married abroad, will be introduced to the legislature for its first reading on Wednesday.
The proposed framework includes a mechanism to recognise same-sex marriages and civil partnerships or unions registered overseas, but will not allow same-sex partners to marry in Hong Kong.
The government earlier this month submitted its proposal ahead of a two-year deadline set by a Court of Final Appeal ruling in September 2023. The judgment was the result of a legal challenge by LGBTQ activist Jimmy Sham, who recently completed his prison sentence for subversion in Hong Kong’s largest national security case.
‘Monogamous and heterosexual’
Lee on Tuesday said the city’s marriage system would remain “monogamous and heterosexual,” appearing to assuage lawmakers’ opposition to the proposal.
“First, lawful marriage in Hong Kong is between one man and one woman – monogamous and heterosexual marriage. Second, the CFA’s judgment also affirms that the right to marriage protected under the Basic Law is limited to heterosexual marriage,” Lee said.
During a Legislative Council (LegCo) meeting last week, many legislators said the government’s framework would upend traditional familial values, while some said that recognising same-sex partnerships registered overseas was functionally the same as allowing same-sex marriage in Hong Kong.
As to whether the authorities would consider their obligation to the top court fulfilled if the legislature vetoes the framework, Lee added that the top court ruling “has the force of law and is legally binding on the government.”
“The government must not act in violation of the court’s ruling; otherwise, it will be against the rule of law,” he said, adding that “violating the law will bring serious consequences.” The government “will make every effort to facilitate LegCo’s scrutiny of the bill… and respect LegCo’s final decision,” he added.
Meanwhile, activists and advocacy groups have criticised the framework as insufficient for same-sex couples in Hong Kong. Hong Kong Marriage Equality said that the proposal only took a “minuscule step” towards protecting same-sex relationships.
Sham said the proposal did “unimaginably little” for the “core rights of partnership,” pointing out that the financial cost of an overseas-registered marriage would also be a barrier for same-sex couples who are not as well-off.
