Same-sex bill is an acid test of Hong Kong's human rights protection
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In 2023, the Court of Final Appeal ruled under Article 14 of the Hong Kong Bill of Rights that the government has a constitutional obligation to establish a legal framework recognising same-sex partnerships, mandating legislation within two years.
With the
deadline now just three months away, the government has finally gazetted the Registration of Same-Sex Partnerships Bill and tabled it before the Legislative Council – without a prior public consultation. Predictably, it has drawn a
fierce backlash from conservative lawmakers.
These critics insist that LGBT+ rights are incompatible with traditional Chinese values, ignoring a 2023 joint poll by the University of Hong Kong, the Chinese University of Hong Kong and the University of North Carolina that showed 60 per cent of Hongkongers supporting marriage equality for same-sex couples, with only 17 per cent opposed.
The court had already clarified in
Leung Chun-kwong vs the Secretary for the Civil Service (2019) that while 'societal circumstances' may be relevant to the decision on equality for the minorities, 'prevailing socio-moral values of society on marriage' cannot justify discriminatory laws or policies. The court further emphasised that denying minority rights solely due to the absence of support from the majority is morally indefensible.
Yet conservative politicians disregard both public opinion and judicial authority, with some proposing National People's Congress Standing Committee intervention to overturn the Court of Final Appeal ruling or vowing to block the bill. This risks undermining Hong Kong's constitutional order and leaving the government in breach of its obligations.
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