Overseas-based LGBTQ groups have urged the Hong Kong government to “fully recognise” same-sex partnerships ahead of the resumption of the second reading of a bill that proposes to grant limited rights to gay couples.
Amnesty International Hong Kong Overseas and 30 LGBTQ groups in Asia issued a joint letter on Monday, calling on the government to “fully comply” with a landmark ruling by the city’s Court of Final Appeal in 2023. The ruling mandates an “alternative framework” that recognises same-sex partnerships to be set up within two years.
In the Hong Kong government’s proposal, same-sex couples who are lawfully married or have entered a civil union overseas can register in the city to enjoy rights related to healthcare and death. However, most lawmakers have expressed opposition to the government’s proposal.
The Registration of Same-sex Partnerships Bill began its first reading at the Legislative Council (LegCo) on July 16, before moving to deliberation by the bills committee from July 23 to 28.
The bill’s second reading on Wednesday will be LegCo’s first meeting after a nearly six-week summer recess. The meeting, initially scheduled for Wednesday last week, was postponed after many lawmakers were invited to watch the Victory Day military parade in Beijing.
In the joint letter addressed to Secretary for Constitutional and Mainland Affairs Erick Tsang, the advocacy groups urged the government to expand its proposal to allow same-sex couples to enter into a civil partnership locally, following the examples set by other governments in the region.
The “letter urges the Hong Kong Government to recognize that an increasing number of governments are progressively moving to recognize and protect same-sex partnership rights,” said Luk Chi-man, executive director of Amnesty International Hong Kong Overseas.
“Hong Kong’s current Bill lags far behind the frameworks adopted in Nepal, Taiwan and Thailand in recent years. These examples [demonstrate] that there is no contradiction between recognizing same-sex partnerships and upholding Asian or ‘traditional’ values,” Luk added.
The letter also urged the government to introduce further reforms in the future that grant same-sex couples legal rights in social and economic areas, such as childcare and property division in the event of the dissolution of a civil partnership.
A “contingency plan” and a “revised legislative proposal” should also be arranged if the current bill fails to pass the legislature before the deadline set by the top court expires in October, it added.
The letter was co-signed by groups from 13 Asian countries and territories, as well as regional advocacy networks, such as ILGA Asia.
Standard templates vs heartfelt stories
Separately, local LGBTQ group Hong Kong Marriage Equality issued a statement urging lawmakers to pass the bill to comply with the top court’s ruling.
The Friday statement was published after about 80 per cent of the nearly 11,000 public submissions opposed the government’s proposal during a consultation period for the bill, which lasted less than a week.
The opposing opinions suggested that the recognition of same-sex couples’ rights would jeopardise traditional family values and heterosexual marriage. A large number appeared to be using identical templates shared by anti-LBGTQ groups in the city.
According to Hong Kong Marriage Equality, “about half of those opposing the bill relied on nine standardised forms and templates, indicating strong mobilisation by specific groups rather than broad-based sentiment.”
In contrast, the NGO noted, “Supportive submissions, on the other hand, offered heartfelt personal stories, lived experiences and evidence-based arguments.”
The statement also mentioned a 2023 survey, which found that 60 per cent of Hong Kongers supported same-sex marriage. “This demonstrates that our city is ready to move forward with equal treatment of same-sex relationships,” Hong Kong Marriage Equality said.
Whilst gay sex was decriminalised in 1991, Hong Kong has no laws to protect the LGBTQ community from discrimination in employment, the provision of goods and services, or from hate speech. Despite repeated government appeals, courts have granted those who married – or who entered civil partnerships – abroad some recognition in terms of tax, spousal visas and public housing.
