Hong Kong proposes recognizing same-sex partnerships formed overseas

HONG KONG (AP) — Hong Kong’s government on Wednesday proposed a registration system that would recognize same-sex partnerships formed overseas, granting such couples more rights in the city.

In a document submitted to the legislature, the Constitutional and Mainland Affairs Bureau said the proposed system would allow registration for same-sex adult couples who have married, formed civil partnerships or civil unions overseas, provided these relationships were legally recognized in those jurisdictions and one of them is a Hong Kong resident.

After the registration, the couples would have rights including the ability to participate in medical decisions for their loved ones, provided consent is given. For mentally incapacitated adult patients, their partners can take part in the decisions as guardians.

They would also enjoy the right to handle after-death matters for their partners, including claiming the bodies and deciding whether their remains can be used for medical treatment, education or research.

Same-sex couples cannot get married or register for civil partnerships in Hong Kong. But authorities recognize same-sex marriages registered abroad for taxation and civil service benefits and other practical reasons, such as dependent visas.

Many of the government’s concessions were won through legal challenges and the city has seen growing social acceptance toward same-sex marriage in recent years.

The government proposal came in response to the top court’s landmark ruling in 2023 in favor of a framework for recognizing same-sex couples’ rights. The ruling did not grant full marriage rights to same-sex couples but was a partial victory for prominent pro-democracy activist Jimmy Sham, who fought a five-year legal battle over the recognition of same-sex marriages registered overseas.

Sham, who was sentenced to over four years for his role in an unofficial primary under a Beijing-imposed national security law, was released from prison in May.

In an interview with The Associated Press, Sham said heterosexual couples were not required to register their marriages overseas to get the recognition locally and questioned why same-sex couples had to do so.

He also suggested that the government allow same-sex couples to enjoy equal prison visiting rights as heterosexual couples.

“I hope the government will listen to opinions from society and the community, and try to develop a solution that doesn’t exceed society’s acceptance level, while meeting the expectations of same-sex couples and avoiding legal challenges,” he said.

Jerome Yau, co-founder of non-governmental organization Hong Kong Marriage Equality, said the government document was “very conservative” and “far from acceptable.”

He said he failed to see the logic of only making those who are married or have formed partnerships overseas eligible for the measures.

“We believe that will create an obvious inequality in the sense of local same-sex couples who are not married overseas won’t be eligible to register the relationships. I think that’s unfair, and potentially that will lead to further litigation,” he said, adding that he hoped the bill would come with more details.

The government is expected to table a bill in the legislature at a later date. Lawmakers will discuss the document on Thursday.

Some pro-Beijing legislators have spoken out against granting same-sex couples equal rights, upholding the traditional view that marriage should only be between men and women.

The government said its proposals were made after considering the city’s actual situation, adding that there are different views over the recognition of same sex partnerships and it would have to strike a balance to avoid dividing society.