Set back for gay couples in Hong Kong
The government continues to make life harder for queer people.
Although Hong Kong doesn't have marriage equality for queer people, a series of court cases have established some legal protections for same-sex couples.
The protects include things such as access to public housing, inheritance law, and spousal visas.
One of the most significant wins was a September 2023 ruling by the court of final appeal, which affirmed that Hong Kong's laws defined marriage as between a man and a woman, but also said the government was obliged to create an “alternative framework” which recognised the “core rights” of same-sex couples.
The ruling gave the government a deadline of two years to implement the required framework - that deadline is about to expire.
The Hong Kong government has now released the framework it is proposing to implement - in order to satisfy the court's order - and it is deliberately underwhelming.
The government is proposing a new "registration mechanism" for same-sex couples. Registering a relationship would give you access to some healthcare-related rights such as visiting your partner in hospital, and other next-of-kin decisions that might be required. No other rights are within scope of the government's proposal.
A further limitation of what the government is proposing is that it specifically limits who can register their partnership. In order to access the registration mechanism, at least one partner must be a Hong Kong resident, and the the couple must have had their marriage or partnership registered overseas (because same-sex couples can't get married or register their partnership in Hong Kong).
While the government's proposal may technically satisfy the requirements ordered by the court, in practice it is of little value to queer people in Hong Kong.
What's life like for LGBTQ people in Hong Kong?
What's life like for LGBTQ people in Hong Kong? Let's take a look at some of the key equality indicators.
Is it homosexuality legal in Hong Kong?
Yes. Homosexuality was decriminalised in 1991.
The age of consent was equalised in 2006.
Are there anti-discrimination protections in place for LGBTQ people in Hong Kong?
Sort of. There are some limited protections in place.
Is there Marriage Equality in Hong Kong?
No. There are some limited recognitions of same-sex relationships, but not substantial legal recognition.
What's life like for LGBTQ people in Hong Kong?
While homosexuality is legal in Hong Kong, and there are some limited anti-discrimination protections in place, the suppression of independent media outlets and the attempts to silence any opposition to the government creates an atmosphere of uncertainty for the LGBTQ community.
