Recognising same-sex partnerships is vital for inclusive, diverse Hong Kong
The bill was introduced to comply with a landmark ruling by the Court of Final Appeal in 2023. The court held that the government has a positive obligation under the Hong Kong Bill of Rights to establish an alternative legal framework for the legal recognition and rights of same-sex partnerships. This obligation goes beyond requiring the government to introduce the bill to the Legislative Council, but requires the actual 'establishment' of such a legal framework.
In other words, if the bill is not passed and as a result no such legal framework is established, the legal effect is that the government will continue to be in breach of its human rights obligations. The order was suspended for a period of two years for the government to comply with the ruling.
The bill has understandably attracted criticism from both sides of the political spectrum. One camp has argued that the bill, which contains rights related to medical and after-death arrangements for same-sex partners, does not go far enough in protecting the core rights of same-sex couples. The other has complained that the bill has undermined traditional family values. Some have even gone so far as to suggest that Legco is not under any obligation to pass the bill.
It is hoped that a solution is found to break this impasse.
Justice should not only be done, but should manifestly and undoubtedly be seen to be done. It is imperative to maintaining public confidence in the rule of law in Hong Kong that court orders are not only complied with but that the terms of the court order are equally clearly and manifestly seen to be complied with.
At the risk of stating the obvious, in a period when Hong Kong is seeking to attract talent from overseas, it is vital that Hong Kong maintains its image as an inclusive and diverse city.
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