Hong Kong Rejects Bill Giving Rights To Same-Sex Couples Married Abroad

Hong Kong’s legislature rejected a landmark bill that would have formally recognized same-sex partnerships, disappointing gay couples while plunging the city into legal uncertainty by defying a top court order.

The proposal failed on Wednesday in a 71-14 vote in the Legislative Council, marking the first time a bill has been voted down since the current legislative term began in 2022. The move is a blow for the LGBTQ community and risks undermining the city’s image as an inclusive hub for international business and talent.

The defeat comes weeks before a deadline set by the city’s Court of Final Appeal. In a pivotal 2023 case brought by gay rights activist Jimmy Sham, the top court found the government was violating the Hong Kong Bill of Rights by failing to provide an alternative framework for same-sex unions and demanded changes by October 27. 

Erick Tsang, secretary for constitutional and mainland affairs and the official who spearheaded the proposal, told reporters the result was disappointing but the government will respect the decision. He said the administration will not apply for an extension with the court and will discuss the next step with the Department of Justice.

The proposed Registration of Same-sex Partnerships Bill would have provided legal recognition and allowed same-sex couples some rights in the handling of medical-related matters and after-death arrangements. Eligible couples would have needed a valid same-sex partnership registered overseas, such as a marriage or civil union.

The government is now in a precarious legal position, having previously stated it has a legal duty to fulfill the mandate. The rejection marks a significant setback after a series of court-driven advancements for LGBTQ matters in Hong Kong, including victories on spousal visas, public housing and transgender rights.

The intense debate around the vote was an unusual display of defiance in a legislature that in recent years has been stripped of opposition lawmakers through a Beijing-driven crackdown on dissent. 

Lawmakers opposing the bill argued the legislation amounted to a de facto recognition of same-sex marriage that could challenge traditional family values. Some, like Ambrose Lam and Ma Fung-kwok, cited the need to encourage childbirths. Supporters argued that rejecting the legislation would damage Hong Kong’s reputation for upholding the rule of law. 

The situation echoes a 2014 standoff when lawmakers rejected a bill on transgender marriage, also ordered by the Court of Final Appeal. The government said it would set up a cross-department working group on gender recognition and consider administrative measures to comply with the court ruling.