By Jessie Pang and Joyce Zhou HONG KONG (Reuters) – Hong Kong’s Legislative Council on Wednesday vetoed a bill that would have allowed limited legal rights for same-sex couples who had registered their marriage or relationship overseas, drawing disappointment from LGBTQ groups. The bill, introduced by the government, had proposed a registration system to grant […]
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Hong Kong lawmakers veto bill on same-sex partnerships
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By Jessie Pang and Joyce Zhou
HONG KONG (Reuters) – Hong Kong’s Legislative Council on Wednesday vetoed a bill that would have allowed limited legal rights for same-sex couples who had registered their marriage or relationship overseas, drawing disappointment from LGBTQ groups.
The bill, introduced by the government, had proposed a registration system to grant same-sex couples who had already sealed their union overseas to certain rights such as hospital visitation.
The government made the proposal after a judgment by Hong Kong’s highest court in September 2023 that partially approved a landmark legal push for full recognition of same-sex marriages.
Although the Court of Final Appeal didn’t grant the constitutional right to same-sex marriage, the five judges ordered the government to develop a legal framework to meet basic social needs of same-sex couples within two years.
The bill represented an opportunity to implement what would have been a rare liberal shift in Hong Kong’s legal landscape, amid a years-long crackdown on dissent and the city’s pro-democracy opposition under a China-imposed national security law.
But the proposal faced strong opposition from some pro-Beijing legislators and religious groups who say gay marriage erodes family values, and have demanded a postponement.
This was the first time Hong Kong’s legislature, after being revamped to only include pro-Beijing patriots in 2021, had vetoed a bill in the city’s legislature in its current term of office, with 71 lawmakers voting against, and 14 for the bill.
“Today is a disappointing day for Hong Kong,” advocacy group Hong Kong Marriage Equality said in a statement.
“(It) sends a troubling signal to both local and international communities — that court rulings may be disregarded and the dignity of individuals overlooked.”
The city’s leader John Lee said earlier that the government was legally bound to abide by the ruling, but also emphasized that “a lawful marriage in Hong Kong is between one man and one woman, and a monogamous and heterosexual marriage”.
Jimmy Sham, a pro-democracy activist who had first launched the legal challenge, said the vote was disappointing and didn’t reflect the public’s majority support for same-sex marriage as indicated in a recent academic survey.
“I still want everybody to have hope because this is not the end game. We still have a chance to improve the rights in Hong Kong, to improve the equal rights for our same-sex (couples).”
Amnesty International and 30 gay rights groups in Asia had earlier issued a joint letter urging the government to “fully comply” with the top court’s ruling by “establishing a comprehensive legal framework that recognizes same-sex partnerships and allows all same-sex couples to enter into a local, legally registered partnership”.
It was not clear how the government would now seek to comply with its constitutional obligation to establish a legal framework for recognising same-sex relationships, with some groups calling for the government to appeal for an extension of the deadline on October 27.
Erick Tsang, Secretary for Constitutional and Mainland Affairs said the government was disappointed, but the Legislative Council was exercising its function and power under the city’s mini-constitution, the Basic Law.
“The Government will respect the Legislative Council’s decision and voting result,” Tsang said.
“The Government will not apply to the court to extend the suspension order. We will next discuss and study this issue with the Department of Justice.”
Among the few pro-Beijing lawmakers to back the bill was Eunice Yung, who said it was a pragmatic and rational response to social realities.
“Let us uphold the rule of law, respect the judiciary, and be compassionate to the people, so that Hong Kong can continue to be an inclusive, diverse, and law-abiding city,” she said in a speech to the legislature.
(Reporting by Jessie Pang and Joyce Zhou; Writing by James Pomfret; Editing by Aidan Lewis and Kim Coghill)