Latest news with #Court of Final Appeal
South China Morning Post
14 hours ago
- Politics
- South China Morning Post
Hong Kong authorities have ‘ongoing legal duty' to fulfil same-sex couples ruling
Hong Kong authorities have an 'ongoing legal duty' to fulfil their responsibilities related to same-sex relationships in response to a landmark court ruling, even if the city's legislature rejects a proposal to establish a recognition system, the government has said. The government said on Wednesday that the judiciary had not and would not give any direct orders to either the executive or the legislature about fulfilling the ruling. Authorities also argued that the proposal considered the judiciary's requirements and public sentiments. The proposal is the government's answer to a 2023 ruling from the Court of Final Appeal, which gave authorities two years to draw up laws setting out 'core rights' for same-sex couples, but did not outline what they might be. A source told the Post that the government would apply to the court for an extension in fulfilling the ruling, as the deadline of October 27 was drawing near. If passed, it would allow same-sex couples to apply to have their relationship recognised in Hong Kong if they are already registered in another jurisdiction.
South China Morning Post
6 days ago
- Politics
- South China Morning Post
Same-sex bill is an acid test of Hong Kong's human rights protection
Feel strongly about these letters, or any other aspects of the news? Share your views by emailing us your Letter to the Editor at letters@ or filling in this Google form . Submissions should not exceed 400 words, and must include your full name and address, plus a phone number for verification 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.
South China Morning Post
15-07-2025
- Politics
- South China Morning Post
Hong Kong's leader vows to respect Legco decision on same-sex partnership bill
Hong Kong's leader has said he will 'respect' the outcome of the legislative scrutiny of a government's proposal to recognise same-sex partnerships, amid mounting opposition from lawmakers, giving no further details on whether authorities will submit a revised bill if the current one is vetoed. Chief Executive John Lee Ka-chiu said on Tuesday that while authorities must come up with a framework for same-sex partnership recognition in line with the Court of Final Appeal's ruling, his administration would respect the Legislative Council's power to pass or veto bills. 'Under the Basic Law, the judiciary exercises independent adjudication power, whereas the Legco exercises legislative power. Both of them perform their respective constitutional roles. The Hong Kong government respects the judiciary and the Legco in exercising their respective powers under the Basic Law,' Lee said. The government is set to introduce the bill for its first reading at the Legislative Council on Wednesday. The legislation would allow couples who have a valid same-sex marriage, partnership or civil union registered in a jurisdiction outside Hong Kong to apply to have their relationship recognised in the city. The proposal also grants same-sex couples some rights, such as those related to medical and after-death matters, but some LGBTQ activists described it as conservative and vague. John Lee has said that the Hong Kong government respects the judiciary and Legco in exercising their powers under the Basic Law. Photo: Jonathan Wong
South China Morning Post
14-07-2025
- Politics
- South China Morning Post
Same-sex recognition attests to Hong Kong's rule of law and vitality
In September 2023, Hong Kong's Court of Final Appeal ruled that the government must establish a legal framework to recognise same-sex relationships within two years – affirming the rights of same-sex couples to apply for public housing and inherit property. The ruling also explicitly stated that such recognition does not entail the legalisation of same-sex marriage. Two years later, the Constitutional and Mainland Affairs Bureau has proposed a registration system to grant legal recognition to same-sex couples registered overseas. The housing authorities have opened up applications for public rental and subsidised homes to same-sex couples. The administration should be lauded for taking this step. It attests to the vitality and robustness of Hong Kong's legal system, and its procedural importance in shaping and guiding key executive decisions. This move is also a rebuke to those who assert that the rule of law is over in Hong Kong. Governance under the rule of law is treasured, for it allows for the implementation of decisions and enshrinement of rights independent of any particular ideology or value commitments. For instance, a committed Christian is unlikely to see eye to eye with a Hindu or Muslim over their religious ideals and tenets. Yet if the court rules in favour of secularism and the accommodation of different belief systems, all citizens, religious or non-religious, must be bound by the ensuing laws of non-discrimination and inclusion. In that spirit, some legislators who personally disapprove of same-sex marriage have backed the government's decision. As the United States moves in a more rabidly insular direction, Hong Kong is defying cynics by highlighting the diversity inherent in the modern China story and the unique arrangements under which we are governed.
