Amnesty International stated today that Hong Kong authorities should provide a progress update on their plans to recognize same-sex partnerships in the city one year after a landmark ruling on LGBTI rights.
The Hong Kong Court of Final Appeal ruled on September 5, 2023, that the government had a constitutional obligation to provide an alternative legal framework for same-sex partnerships to be recognized, and it gave the government two years to do so.
The decision set a new standard for improving rights and recognition for people of any sexual orientation, even though it did not mandate equality in marriage.
“We urge the government to provide an update on its plans to act on the Court’s judgment one year after this memorable legal victory for LGBTI people in Hong Kong. Amnesty International’s China Director Sarah Brooks stated, “Equality is being denied on a daily basis while the government has one year to comply with the decision.”
“The government must heed the call of their own courts to ensure that same-sex relationships in Hong Kong are recognized on an equal footing with opposite-sex relationships, on the same basis, and with the same rights and protections.”
Same-sex relationships are currently not recognized by Hong Kong law, and same-sex couples are not permitted to wed or form a registered civil partnership.
As a result, same-sex couples are unable to enjoy the same rights as opposite-sex couples (with some exceptions for couples who married overseas*). There are examples in nearly every aspect of life.
Currently, people who are dating someone of the same sex:
Cannot apply for public housing as an “ordinary family” Cannot enjoy the potential benefits of filing income taxes jointly Cannot extend medical benefits to their same-sex partner if they are employed by the government Cannot object to the removal of their deceased partner’s organs for medical research or education Cannot receive immediate notification if their partner dies in prison Are not protected against less favorable treatment by their employer as a result of caring for a terminally ill partner Cannot access assisted reproductive technologies Cannot adopt children Cannot access assisted
Couples in Hong Kong face structural discrimination as a result of the absence of a legal framework for same-sex partnerships. Sarah Brooks stated, “It is time for the Hong Kong government to provide a transparent update on progress on this framework, including how much of it has been drafted, how LGBTI people are being consulted, and when it will be presented for discussion to the city’s Legislative Council.”
The clock is ticking. The government should accelerate its efforts to comply with the Court’s decision in light of this year’s anniversary; to look at and change laws, policies, and practices that discriminate based on sexual orientation, gender identity, and intersex status. It also needs to uphold its rights and obligations to everyone, no matter who they are or who they love.
Background On September 5, 2023, the Lesbian, Gay, Bisexual, Transgender, and Intersex (LGBTI) activist Jimmy Sham received a partial victory from Hong Kong’s Court of Final Appeal. The Court gave the government two years to provide an alternative framework for same-sex partnerships. This means that the process needs to be finished by September 5, 2025.
Sham, who wed his partner in the United States in 2013, began his campaign in 2018 to get Hong Kong to recognize same-sex marriages that took place outside of the country. He argued that the laws that are currently in place are against the Constitution.
At the moment, Hong Kong only legalizes “marriage” between men and women; it does not legalize same-sex marriage, civil partnerships, or any other type of legal union.
Despite a clear recommendation from the UN’s Human Rights Committee’s 2022 review of Hong Kong, which was tasked with monitoring the government’s implementation of obligations under the International Covenant on Civil and Political Rights, the authorities have not taken sufficient steps to combat discrimination against LGBTI people more generally.
However, in recent years, the Hong Kong Court of Final Appeal and lower courts have ruled that the blanket denial of partnership rights to same-sex couples is discriminatory. This has allowed for limited progress, such as the acceptance of some same-sex couples’ rights to spousal dependent visas, employment benefits, joint tax assessment, and public housing.
Amnesty International opposes discrimination based on sexual orientation or gender identity in civil marriage laws and urges states to recognize families of choice wherever necessary.
