Hong Kong lawmakers urged to be impartial when reviewing same-sex partnership bill
Advertisement
Introducing the bill for its first and second readings in the legislature on Wednesday, Secretary for Constitutional and Mainland Affairs Erick Tsang Kwok-wai stressed that the proposed framework was a 'reasonable balance' between fulfilling the basic societal needs of same-sex couples and preserving the heterosexual marriage system.
'The government understands that the bill is controversial,' he said in the Legislative Council. 'But to safeguard Hong Kong's rule of law, respect the court's ruling and fulfil our duties, the government introduced the bill with a spirit of accountability and courage.
'We hope lawmakers will be pragmatic, rational and impartial in scrutinising the bill.'
Same-sex marriage is not permitted in Hong Kong. The Registration of Same-sex Partnerships Bill is aimed at granting same-sex couples married abroad certain rights related to medical matters and after-death arrangements following a landmark ruling from the top court in 2023.
Advertisement
As of Wednesday, at least 35 members of the 89-strong Legco told the Post they would oppose the bill, including those from the Democratic Alliance for the Betterment and Progress of Hong Kong, the Business and Professionals Alliance for Hong Kong, the Hong Kong Federation of Trade Unions and the Liberal Party.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
HKFP
2 days ago
- HKFP
Explainer: Hong Kong same-sex partners bill – LGBTQ activists' reactions, lawmakers' debates, and what's next
A government-proposed framework to register same-sex partnerships has attracted unprecedented controversy in Hong Kong's opposition-free legislature. Many lawmakers claim the Registration of Same-sex Partnerships Bill erodes the institution of traditional marriage. LGBTQ activists, meanwhile, criticise the bill for not offering enough protection – but see it as a small step forward and are urging the Legislative Council (LegCo) to pass it. In an apparent appeal to the legislature, Chief Executive John Lee, who has backed the bill, said that violating the top court's ruling, which ordered the government to come up with a framework, 'will bring serious consequences.' HKFP explains what the framework is, the reactions it has provoked, and what might happen if the bill does not receive a majority vote from legislators to become law. What is the government proposing? The government has proposed a mechanism for same-sex couples to register their partnerships. Registration is limited to those who already have a marriage or a civil union outside of Hong Kong. They must have reached the age of 18, and at least one of the couple must be a Hong Kong resident. Authorities have made clear that a same-sex partnership is not equivalent to marriage, and the proposed framework will not allow same-sex couples to marry in Hong Kong. Same-sex partnership registrations will be overseen by the Constitutional and Mainland Affairs Bureau, distinguishing them from marriage registrations, which fall under the purview of the Immigration Department. The authorities have said that the framework 'will not compromise the Government's established position on upholding the monogamous and heterosexual marriage system.' What is included in the bill? The bill gives only limited rights to same-sex couples. A locally registered partnership would allow couples to handle their partner's medical matters and after-death arrangements. For example, they can visit their partner in hospitals and make medical decisions for a partner who is mentally incapacitated. If their partner dies, they can identify their body at a mortuary and arrange the funeral and cremation. However, they will not be allowed to marry in Hong Kong or be entitled to certain rights that spouses have, like adopting a child as a couple or visiting their partner in prison. Why now? In September 2023, the Court of Final Appeal (CFA) ruled that the government must establish a framework for registering same-sex partnerships, stopping short of recognising same-sex marriage. The case stemmed from a judicial review by pro-democracy activist Jimmy Sham, who married his partner in New York in 2013 and challenged local authorities' lack of recognition of their union. The top court gave the government two years – the deadline is October 27 – to fulfil the obligation ordered by the court. Has the gov't collected public views? The government has not made any known efforts to engage LGBTQ groups over the past two years despite activists' attempts to reach out. The only public consultation took place in late July. Members of the public were invited to send written submissions to lawmakers and the government, but they had just a week to do so. Tuesday was the deadline. LGBTQ groups said they hoped the Legislative Council would hold public hearings, allowing members of the public to present their views to lawmakers during the bills committee meetings. But during the first bill meeting on July 23, chairperson Brave Chan's suggestion to skip public hearings in favour of written submissions, citing a lack of time, was not met with any opposition from lawmakers. How have LGBTQ activists reacted to the bill? LGBTQ activists say it does not go far enough to protect same-sex partnerships. They criticised the requirement that couples must have their partnerships registered abroad first, saying this could pose a financial burden or barrier for some. Nevertheless, they believe the framework is better than nothing and could provide useful information on the LGBTQ community. Registration statistics, for example, could for the first time provide an official count of the number of long-term same-sex partners in Hong Kong. Before the written submissions deadline, activists urged the public to respond to the call for submissions and urge lawmakers to support the bill. Sham himself created a petition allowing signers to directly email their submissions, while some NGOs, as well as LGBTQ advocacy media platform G Dot TV, separately created templates for the public to fill in. Sham told HKFP his petition received 1,016 signatures. Four LGBTQ groups – Hong Kong Marriage Equality, Dear Family, Pink Alliance, and Covenant of the Rainbow – also launched a joint petition to collect signatures. Performance artist Holok Chen staged two events to advocate for support for the government's bill and call out lawmakers for 'homophobic slurs.' In an act called 'Cry Me a Rainbow,' Chen, who identifies as non-binary, wore a rainbow cape and posed crying outside the Legislative Council building on July 25, on the second day of the bill committee meeting. A few days later, on Monday, they and an unnamed activist stood outside the Cotton Tree Drive Marriage Registry, dressed as monsters to symbolise the way Chen said lawmakers had 'demonised' the LGBTQ community. Chen's street performances were a rare display of public action amidst the dwindling space for civic advocacy in the wake of the Beijing-imposed national security law in 2020. What's been said in the written submissions? It is unclear how many written submissions have been received. However, as of Thursday evening, over 10,000 had been uploaded to the LegCo website. All written submissions are made public unless the writer requests privacy. Some who sent in their responses identified as members of the LGBTQ community. One writer, Ms Lo – a bisexual woman – said the proposed framework could erase the stigma faced by same-sex couples and allow the public to see that they are no different from heterosexual couples. Another writer, Mandy Wong, said she was a Christian who believed that every relationship deserved respect and recognition. A lesbian, Wong said she hoped the government could scrap the requirement that couples must first be married overseas before registering in Hong Kong, so as not to impose a financial burden on them. Many submissions also expressed opposition to the framework, saying that it breached Chinese 'moral standards' and would cause a decline in the birth rate. Others said pushing for recognition of same-sex partnerships was 'Western thinking,' citing national security as a concern. Do lawmakers support the bill? Since the 2021 electoral overhaul, which ensured only 'patriots' could become lawmakers, government bills have passed unopposed in LegCo. In the absence of pro-democracy lawmakers who have shown support for LGBT rights in previous Legislative Council terms, dissenting voices have dominated the discussions on the same-sex partnership bill. Almost all major political parties with representation in the legislature, such as the Democratic Alliance for the Betterment and Progress of Hong Kong (DAB) and the Hong Kong Federation of Trade Unions (FTU), have suggested they would oppose the government's proposal. The parties say a framework recognising same-sex partnerships would threaten traditional family values and pave the way for the legalisation of same-sex marriage, something the government has denied. Many lawmakers already showed opposition during a meeting on July 3, when the government first introduced the proposal to LegCo. Holden Chow, a legislator from the DAB, the city's biggest pro-establishment party, said that the framework could encourage 'two fathers' and 'two mothers' to adopt children and would impact 'core family values.' Fellow lawmakers Junius Ho and Priscilla Leung, who are ardent opponents of LGBTQ rights, expressed objections to the bill. Ho described the proposal as 'hurting tens of thousands of future generations' and suggested the government ask Beijing to overturn the CFA's ruling. 'The top court is not always right,' he said on July 3. Leung, of the Business and Professionals Alliance for Hong Kong (BPA), wrote on Facebook that the framework would 'open a Pandora's box.' Another legislator, Erik Yim, suggested the government digitise the process to deter couples from going to a registry office, taking wedding photos, and uploading them to social media. Doing so, he said at the bills committee meeting on July 25, would prevent the public from confusing their unions with 'actual marriage.' Chow, a committee member, attacked the bill again at the same meeting, saying that allowing same-sex couples who marry remotely to register in the city 'will instantly twist one's definition of marriage.' How do lawmakers intend to vote? A majority vote in the 89-member Legislative Council is required for the bill to pass into law. Currently, around 40 members are expected to vote against the bill. They primarily consist of members of political parties, including the DAB, the FTU, the BPA, and the Liberal Party. Only one party – the New People's Party, which is led by lawmaker Regina Ip and holds six seats in the LegCo – has expressed its support for the bill. The FTU's Stanley Ng, who, like Ip, is also a member of the Executive Council – the government's advisory body – said on Facebook on Thursday that Secretary for Constitutional and Mainland Affairs Erick Tsang had 'practically begged' him to support the bill or there could be consequences. But Ng said the FTU's stance was firm. Two hours after making the post, Ng removed Tsang's name, according to Facebook's edit history. Tik Chi-yuen, the sole self-proclaimed non-pro-establishment lawmaker, suggested at the July 3 meeting that most Hongkongers were against the bill. The lawmaker, who has voted along pro-Beijing lines in the Legislative Council, asked if the government would 'choose to respect the court or the public's views.' Meanwhile, independent lawmaker Paul Tse has been a more moderate voice in the debate. Also at the July 3 meeting, he said lawmakers ought to respect the Court of Final Appeal's directive. Tse said he thought the framework was 'conservative' and offered only 'core rights' to same-sex couples. He added that the framework had struck a balance, but this view 'had not been heard in the legislature.' What happens if the bill fails to pass? Lawmakers have asked government officials in meetings what would happen if the bill does not receive the majority vote needed to pass by the top court's October 27 deadline. In response to Ip's question on July 23, Llewellyn Mui, the solicitor general of the Department of Justice's Constitutional and Policy Affairs Division, said the government would still have a responsibility after the deadline to fulfil the court's directive. 'The Court of Final Appeal… said the government has a positive obligation to introduce an alternative framework to protect the needs of same-sex couples,' Mui said in Cantonese. Are lawmakers bound to vote for the bill? Ronny Tong, an Executive Council member and a former lawmaker, told HKFP that legislators have the power to choose how to cast their vote, and the court cannot order LegCo to pass any bill. 'If lawmakers vote it down, then [the bill] is dead,' he said in Cantonese. Tong said the government could consider asking the top court for a deadline extension and that the court should 'understand.' He said that the authorities would then have the responsibility to present a new bill to LegCo in the next term, which begins in January, following the legislative elections in December. The government may need to modify the bill to be more widely accepted by lawmakers, Tong said. 'The Legislative Council's composition will change through elections,' he added. 'New lawmakers might have different views.' What's next in the legislative process? Lawmakers on the 15-member bills committee completed their meetings on Monday, following around four hours of a clause-by-clause question-and-answer session with government officials spread over two days. Following the completion of the discussion in the committee on Monday, the bill will move to the council meeting for a debate, in which all 89 lawmakers will take part before voting. No date has been set yet for the debate. The Legislative Council will take a summer break in August before resuming in September.
South China Morning Post
3 days ago
- South China Morning Post
How homosexuality was accepted in ancient China, and even celebrated
Hong Kong's Registration of Same-sex Partnerships Bill, introduced to the Legislative Council in July, proposes the establishment of a legal framework to register overseas same-sex marriages and civil partnerships. The bill grants limited rights, including next-of-kin status for medical decisions, hospital visitation and postmortem arrangements. It explicitly excludes legal recognition of same-sex marriages or civil unions conducted within Hong Kong. The government asserts that the bill does not alter the existing legal definition of marriage. It has faced opposition from progressives who say the bill does not go far enough, and conservative lawmakers who claim it undermines traditional family values. A version of the Hong Kong flag in rainbow colours at the 2019 Pride Parade in the city's Central neighbourhood. Photo: Felix Wong
South China Morning Post
3 days ago
- South China Morning Post
Hong Kong lawmaker apologises to minister after dispute over same-sex bill
A politician who sits on Hong Kong's top decision-making Executive Council has apologised to the city's constitutional minister after slamming his 'annoying' attempts to lobby support for a controversial same-sex partnership bill. Legislator Stanley Ng Chau-pei, who is also president of the Hong Kong Federation of Trade Unions (FTU), held out an olive branch on Friday, praising the minister's 'dedication' and 'hard work' after earlier chiding the official for 'threatening' him. At the centre of the brouhaha was the Registration of Same-sex Partnerships Bill, which seeks to establish a framework for the recognition of such partnerships. If the bill is passed, same-sex partners registered locally will be granted rights related to medical and after-death matters. Secretary for Constitutional and Mainland Affairs Erick Tsang Kwok-wai earlier said the government had an 'ongoing legal duty' to fulfil its responsibilities related to same-sex relationships in response to a landmark ruling by the Court of Final Appeal two years ago. The court granted the government until October this year to draw up laws setting out 'core rights' for same-sex couples, but did not specify what they might be. Lawmaker and Hong Kong Federation of Trade Unions president Stanley Ng has said he was 'threatened' by constitutional and mainland affairs minister Erick Tsang for opposing the same-sex bill. Photo: Jonathan Wong Major political groups, including the FTU, the Democratic Alliance for the Betterment and Progress of Hong Kong, the Business and Professionals Alliance for Hong Kong and the Liberal Party, have expressed their opposition to the bill. The New People's Party endorsed the bill.
