Hong Kong proposes legal recognition for same-sex couples registered overseas

Hong Kong: The Hong Kong government is proposing to establish a registration system for same-sex couples who are married or registered overseas to receive legal recognition, according to an official document released on Wednesday.

The proposal - detailed in a government paper to be discussed in Hong Kong's legislative council on Thursday - comes after Hong Kong's top court in September 2023 partially approved a landmark appeal by an LGBTQ activist for recognition of same-sex marriages.

The judges dismissed activist Jimmy Sham's appeal that he had a constitutional right to a same-sex marriage in Hong Kong, but gave the government two years to ensure that rights such as access to hospitals and inheritance could be protected for same-sex couples.

Responding to the judgment, the government document proposed the new registration system to essentially allow a same-sex couple's partnership to be legally recognized.

It stipulates that both partners must be of the same sex and at least 18 years old, with at least one being a Hong Kong resident.

They would have rights related to medical matters concerning their partner, including hospital visits, access to medical information and organ donations, as well as the right to handle a partner's post-death affairs, including applying for a death certificate, claiming the body and arranging funeral matters.

Same-sex couples applying for legal recognition under the proposed mechanism must have registered a valid same-sex marriage, civil partnership or civil union overseas.

Activist question equality

In Asia, only a few places including Taiwan, Nepal and Thailand currently allow same-sex unions, as the region's largely conservative values still dominate politics and society.

The Constitutional and Mainland Affairs Bureau wrote in the paper that the proposed new system - which requires legislative approval - had taken into account Hong Kong's current social system and traditional values while seeking to avoid social divisions.

"It is essential to establish appropriate registration requirements under an alternative framework that aligns with practical realities and public expectations, while safeguarding registrants' rights and preventing abuse," the bureau wrote.

But Sham, who first challenged the government in court, said the proposal offered a minimal level of protection, especially the stipulation that couples needed to be married abroad.

"(This) doesn't seem to meet the conditions of equality in registration," Sham told Reuters. "I doubt it fully complies with what the judge required."