Latest news with #Legislative Council


South China Morning Post
2 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
2 days ago
- South China Morning Post
Hong Kong's fight against SIM card fraud must still preserve rights
Smartphones are in nearly every pocket in Hong Kong. More than 95 per cent of people above the age of 10 have them, according to one recent estimate. The city has one of Asia's highest penetration rates for the devices, and many Hongkongers have multiple lines. But the city is also fighting rising phone scams, prompting authorities to propose lowering the maximum number of prepaid SIM cards a user can register with one of the 29 telecommunications service providers in the city from 10 to just three In a paper submitted to the Legislative Council, the government also called for new penalties for misuse of SIM cards under the Telecommunications Ordinance. HK$25,000 (US$3,185) fines and up to a year in prison await those who improperly use cards registered under another person's information without authorisation. Holding 10 or more cards registered under other people's information without authorisation or reasonable justification would also be considered an offence, with users presumed to have the intention of engaging in criminal activities. Some lawmakers have already called for even tighter restrictions. On Monday, a Legco panel discussion noted that a quota of three would allow users to register up to 87 SIM cards if they used each of the city's 29 telecoms service providers. One suggestion is to limit users to four telecoms companies for a maximum of 12 prepaid cards. Industry representatives have justified the practice in cases where companies get cards for staff or where multiple lines are needed for systems testing. Loss of privacy with tightened laws is also a legitimate concern. Currently, there is no upper limit on the number of registrable service plan cards which involve monthly payments. Since September 2021, the city has required real-name SIM card registration for all users. As of May, more than 4.8 million prepaid cards were rejected for lack of such information. The figures indicate a cause for concern. With telecoms fraud so widespread, there are understandable calls for action. Laws to curb SIM card fraud are worth pursuing as long as rules and enforcement are balanced to safeguard rights, including individual privacy.


South China Morning Post
4 days ago
- 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
6 days ago
- Politics
- South China Morning Post
Lawmakers against LGBTQ rights bill shouldn't stoop to fearmongering
On Wednesday, the Hong Kong government will introduce a bill to recognise same-sex partnerships, despite opposition from some powerful political groups. The move is the government's answer to a landmark court ruling by the Court of Final Appeal in 2023. Advertisement The court gave authorities two years to draw up laws to sort out the rights of same-sex couples by October 27, finding the government in violation of Hong Kong's Bill of Rights. The government has wisely decided that now is the right time to push it through, or at least try to. As we approach the Legislative Council elections in December, lawmakers will not be meeting after October 22. This is likely why lawmakers shortened their summer break this year. Out of practicality, the government must do it now to meet the court's deadline. As to why the government couldn't do it earlier, I think most Hongkongers know why. Mentioning anything concerning 'same sex' automatically triggers some lawmakers to go berserk, as we have witnessed for years. When the government gave Legco a heads-up about the bill earlier this month , the usual suspects raised hell as expected. With election season just around the corner, the government can bet on even more political theatrics from these lawmakers. Waiting to introduce the bill after the shortened summer recess would risk having their displays of disaffection steal the limelight from the chief executive's policy address in September. Our 'results-oriented' chief executive would likely prefer not to have to deal with such a distraction. Advertisement