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South China Morning Post

Same-sex partnerships in Hong Kong: conscience vote would set good precedent

Before humans invented law, human behaviour was governed by innate moral ethics. This is the starting point of all laws across the world. Theft is illegal, murder is a crime – these are universally accepted moral standards. Advertisement However, the idea that same-sex couples should enjoy the same legal status as heterosexual marriages is not a universally accepted moral standard. So where should Hong Kong draw the line? This is not a matter for the executive, the legislature or the judiciary. It is a moral question. The moral view of the chief executive, lawmakers and legal experts carries not one ounce more weight than the view of a Kwun Tong housewife. That is why whether to introduce a same-sex partner registration system should be decided by the collective will of the people of Hong Kong. Hong Kong is not a sovereign state, so we don't have a mechanism for a public referendum to determine our collective opinion, but our system has its own strengths. Without great fuss or cumbersome procedures, we can let our 90 legislators elected from every walk of life cast a free vote based on their individual conscience, independent of all external pressure. All political, professional and business organisations and trade unions should publicly declare that they will not issue any voting instructions to their affiliated legislators, allowing them to vote freely according to their conscience. Advertisement Likewise, the government should make clear that legislators who serve in both the Executive Council and Legislative Council are not bound by Exco's principle of collective responsibility on this particular issue and may vote freely. The executive may, as with other policy proposals, explain their rationale to the legislature but must not lobby behind the scenes or attempt to sway votes. The central government's liaison office should likewise refrain from intervening.