Responding to the Hong Kong government’s rejection of a bill that proposed a new legal framework for registering same-sex partnerships, Amnesty International’s Researcher/Policy Advisor on Gender, Nadia Rahman, said:
“Today the Hong Kong government has failed to address the inequality faced by same-sex couples in all areas of their lives. The proposed bill on same-sex partnerships was flawed, but in rejecting it the government has shown an alarming disdain for LGBTI rights.
“This bill would have provided the bare minimum of protection for same-sex couples – but notably, only those who registered their partnership overseas. On this and other grounds, the draft considered today falls far short of the intentions of the Court ruling that triggered it two years ago.
“Yet even a small step forward in rights for same-sex couples has proved unpalatable to the Legislative Council. It is a setback which shows just how far Hong Kong has to go before everyone in the city can enjoy equal rights.
“The failure of this bill must not be the end of efforts to improve the rights of same-sex couples in Hong Kong. On the contrary, it should be the catalyst for the authorities to produce a stronger bill that enables LGBTI people in Hong Kong to live with equality and dignity.
“Authorities must now urgently introduce a revised bill that establishes a comprehensive legal framework to recognize and protect the rights of same-sex couples, in full compliance with the Court’s ruling. No one should face discrimination because of who they are or whom they love.”
Background
Hong Kong’s Legislative Council today rejected a bill (by 71 votes to 14 with one abstention) that would have established a legal framework for some same-sex partnerships to be recognized.
The framework would have applied only to couples who registered their partnership outside of Hong Kong, providing these couples with limited extra rights solely in relation to medical decision-making and post-death arrangements.
The bill arose from a Court of Final Appeal ruling on 5 September 2023 that the Hong Kong government must establish a legal framework to recognize same-sex relationships, delivering a partial victory for LGBTI rights advocate Jimmy Sham. The Court gave the government a deadline of 27 October 2025 to comply.
Hong Kong law does not currently recognize same-sex relationships, with same-sex couples not allowed to marry or enter into any form of registered civil partnership.
Although Hong Kong courts have in recent years recognized that the denial of rights to same-sex couples is discriminatory, progress to address this issue has been slow. Rulings have extended limited rights to same-sex couples who married or entered civil partnership overseas – such as access to spousal benefits for civil servants and taxation, eligibility for public housing, and access and the right to inherit the estate of a same-sex partner as a spouse/civil partner – but a comprehensive framework has remained absent.
Ahead of the Legislative Council’s vote on the Registration of Same-sex Partnerships Bill, Amnesty International Hong Kong Overseas (AIHKO), along with LGBTI rights groups from across Asia issued a joint letter urgently calling on the Hong Kong government to comply with the Court’s ruling and establish a comprehensive legal framework that recognizes same-sex partnerships.
