Registration of Same-sex Partnerships Bill

Registration of Same-sex Partnerships Bill
Legislative Council of Hong Kong
  • A Bill to establish a regime for the registration of same-sex partnerships and provide for related matters; and to make related amendments to certain enactments.
Territorial extentHong Kong
Legislative history
Bill titleRegistration of Same-sex Partnerships Bill
Introduced byErick Tsang, Secretary for Constitutional and Mainland Affairs
Introduced16 July 2025
First reading16 July 2025
Related cases
Sham Tsz Kit v Secretary for Justice
Status: Pending

The Registration of Same-sex Partnerships Bill (Chinese: 同性伴侶關係登記條例草案) is a bill introduced by the Government of Hong Kong in the Legislative Council of Hong Kong that proposes to create a framework for recognising same-sex partnerships entered into overseas.[1] The bill is part of the government's response to the Court of Final Appeal's decision in Sham Tsz Kit v Secretary for Justice that a substitute legal framework for same-sex partnerships must be introduced.[2]

As of 17 July 2025, 45 legislators, which is more than half of the 89-member Legislative Council, have expressed their intention to abstain or vote down the bill, making it unlikely that the bill will become law.[3]

Background

Hong Kong does not recognise same-sex marriage or civil unions. While a string of court decisions have slowly afforded same-sex couples a small number of legal rights, the courts had previously consistently held that same-sex couples have no constitutional right to marry under the Basic Law, and have refused to recognise their relationships through the creation of an alternative legal framework.[4] However, in response to judicial challenge filed by LGBT rights activist Jimmy Sham Tsz-kit, Hong Kong's highest court, the Court of Final Appeal, held in 2023 in Sham Tsz Kit v Secretary for Justice that the government's failure to provide an alternative legal framework for recognising same-sex partnerships was a violation of Article 14 of the Hong Kong Bill of Rights Ordinance, which provides for the protection of privacy. The court ordered the government to create such a framework, with the order suspended for two years to allow for implementation.[5]

Content and procedural history

The Court of Final Appeal's ruling in the Sham Tsz Kit case gave the government two years to legislate a legal framework to recognise same-sex relationships. At a meeting of the Legislative Council's panel on constitutional affairs on 3 July 2025, the government unveiled a legislative proposal to enable same-sex partnerships formed overseas to be recognised in a limited fashion. Under the legislation, such couples would be afforded rights concerning medical decisions, including rights for hospital visits, shared medical information, organ donation and dealing with a person's remains. To be eligible, couples must have a valid overseas marriage or civil partnership or union, and at least one person must be a Hong Kong resident.[6]

The Government gazetted the Registration of Same-sex Partnerships Bill on 11 July 2025. The bill was introduced in the Legislative Council for its first reading by Erick Tsang, the Secretary for Constitutional and Mainland Affairs, on 16 July 2025.[7] The second reading debate began and was customarily adjourned on the same day, pending consideration of the bill by the House Committee.[8][9]

At its meeting on 18 July 2025, the House Committee resolved to form a Bills Committee to study the bill. The Bills Committee met for the first time on 23 July 2025.[10]

Bills Committee membership

A number of key opponents of the bill, including Holden Chow, were selected to become members of the committee, with Regina Ip being the sole supporter of the bill to join the 15-member committee.[11] Junius Ho, who was one of the bill's strongest critics at the constitutional affairs panel meeting in early July, was among 36 legislators to express an intention to join the committee, but failed to be chosen as one of the committee's 15 members.[12][11] The membership of the Bills Committee is said to be allocated proportionate to party divisions in the legislature, with larger parties distributed with more seats in the committee. The exclusion of Ho was said to be predetermined in order not to stir up more controversies and polarisations in the society.[13] At its first meeting on 23 July 2025, nine committee's members spoke in opposition to the bill and two tended to oppose,[a] with Regina Ip being the only member to voice support.[14]

Lobbying

With vehement criticisms from the legislators, Constitutional Secretary Erick Tsang briefed members twice on the bill to understand their position.[15] On 31 July, FTU President Ng Chau-pei posted on social media claiming Tsang "threatened" him to support the bill or "face consequences"; Ng apologised for his "exaggerated" comments on the next day.[16] It was reported that the lobbying by the minister was in fact calm and moderate, without pressuring lawmakers to vote in favour.[15]

Response and criticism

In the absence of the liberal pro-democratic opposition, all of Hong Kong's major political parties, including the DAB and FTU, have come out in opposition to the bill.[17] The plan was presented to the opposition-free Legislative Council's Panel on Constitutional Affairs on 3 July 2025, where it was criticized by conservative pro-Beijing lawmakers for "upending traditional family values" and for being "an attack on the institution of marriage", with some accusing the government of lacking consultation. Junius Ho even called for intervention from Beijing to overturn the court decision.[18][19] Some smaller parties and independent politicians have voiced support, including Regina Ip of the New People's Party, and legislator Paul Tse, who, despite being personally against same-sex marriage, called the government proposal a "conservative half-step" and urged other lawmakers to respect the court's ruling.

In response, the government stated that it "firmly upholds the monogamous and heterosexual marriage system" but stressed that passage of the legislation was necessary to comply with the court's ruling.[18] Chief Executive John Lee announced his support for the bill on 15 July, on the grounds that violating the court's order would bring "serious consequences", with adverse effects on the rule of law.[20][21]

The government's plan has also been met with criticism from LGBTQ activists, who have questioned if it complies with the court's ruling,[22] although Jimmy Sham at last voiced support to the bill. The extra-parliamentary Democratic Party and pro-democracy Hong Kong Social Workers' General Union backed the proposal, affirming the needs to protect the sexual minorities and defend the rule of law.[23]

A number of religious groups, including the Chinese Muslim Cultural and Fraternal Association, The Boy's Brigade, Hong Kong, The Hong Kong Chinese Christian Council and the Sisters of the Precious Blood, have spoken in opposition to the legislation, while other religious groups, such as the Sheng Kung Hui, the Hong Kong Taoist Association, the Hong Kong Baptist Convention, the Catholic Diocese of Hong Kong, and the Hong Kong Evangelical Church, have yet to respond.[11][24][25] It was reported that the Sheng Kung Hui and the Catholic Diocese considered this topic to be controversial and could polarise the faithful, and therefore remained silence.[26] The diocese's sexual plurality task force eventually stood against the bill.[23]

The secretariat of the Legislative Council received over ten thousand opinion letters in regards to the bill, the most since the electoral revamp.[27] Amongst the 6,557 published letters, over 70% were in against. [28]

Voting intention

According to Ming Pao and HK01, more than 40 legislators across multiple parties stated that they intended or were inclined to vote against the bill. At least 12 would cast a yes vote, including 5 members of the Executive Council who are bound to support the government under collective ministerial responsibility. Reverend Peter Douglas Koon said he would abstain after considering varying stance amongst social workers.[29][3] Chinese officials had reportedly reached out to several legislators for their stance but did not whip votes or issue any instructions. A free vote is expected for the bill.[30][31]

Group Constituency Members Party Intended vote Note
FC Industrial (First) Andrew Leung BPA Present The council president abstains from voting to preserve neutrality by convention.[32]
FC Catering Tommy Cheung Liberal No
FC Commercial (First) Jeffrey Lam BPA Yes [b][c]
ECC Election Committee Starry Lee DAB No
GC New Territories North East Chan Hak-kan DAB/NTAS Yes [b][d]
FC Insurance Chan Kin-por Independent Yes [b]
ECC Election Committee Priscilla Leung BPA/KWND No
GC Hong Kong Island West Regina Ip NPP Yes Bills Committee member
ECC Election Committee Paul Tse Independent Voiced support to the bill
GC New Territories North West Michael Tien Roundtable
FC Agriculture and Fisheries Steven Ho DAB No
FC Transport Frankie Yick Liberal No
ECC Election Committee Ma Fung-kwok New Forum
GC New Territories South West Chan Han-pan DAB/NTAS No
GC Labour Kwok Wai-keung FTU No
ECC Election Committee Elizabeth Quat DAB No
FC Commercial (Second) Martin Liao Independent Yes [b]
FC Engineering Lo Wai-kwok BPA No Bills Committee member
FC Industrial (Second) Jimmy Ng BPA No Bills Committee member
ECC Election Committee Junius Ho Independent No
GC New Territories North West Holden Chow DAB No Bills Committee member
FC Wholesale and Retail Shiu Ka-fai Liberal No Bills Committee member
ECC Election Committee Yung Hoi-yan NPP/CF Yes
FC Finance Chan Chun-ying Independent
ECC Election Committee Luk Chung-hung FTU No
GC New Territories North Lau Kwok-fan DAB No
FC Heung Yee Kuk Kenneth Lau BPA
GC Kowloon West Vincent Cheng DAB No Bills Committee member
FC Architectural, Surveying,
Planning and Landscape
Tony Tse Independent
ECC Election Committee Doreen Kong Independent Yes
FC Education Chu Kwok-keung FEW No
GC New Territories South East Stanley Li DAB/NTAS No
ECC Election Committee Hoey Simon Lee Independent Bills Committee member; expressed no stance
FC Financial Services Robert Lee Independent
GC New Territories North East Dominic Lee NPP/CF Yes [e]
FC Social Welfare Tik Chi-yuen Third Side No
ECC Election Committee Lee Chun-keung Liberal
GC Hong Kong Island East Stanley Ng FTU Yes [b][f]
ECC Election Committee Johnny Ng Independent
FC Labour Chau Siu-chung FLU No
ECC Election Committee Chow Man-kong Independent
FC Medical and Health Services David Lam Independent
ECC Election Committee Lam Chun-sing FLU No
GC New Territories South East Lam So-wai Professional Power
ECC Election Committee Nixie Lam DAB No
ECC Election Committee Dennis Lam Independent No
FC Legal Lam San-keung Independent
ECC Election Committee Andrew Lam Independent
FC Technology and Innovation Duncan Chiu Independent
FC Tourism Yiu Pak-leung Independent
ECC Election Committee Wendy Hong Independent
FC Labour Dennis Leung FTU No
GC Kowloon West Leung Man-kwong KWND Abstain
GC Hong Kong Island East Edward Leung DAB No
ECC Election Committee Kenneth Leung Independent Bills Committee member; tend to oppose
ECC Election Committee Chan Yuet-ming Independent
ECC Election Committee Rock Chen DAB No
ECC Election Committee Chan Pui-leung Independent
FC HKSAR members of NPC and CPPCC,
Representatives of National Organisations
Chan Yung DAB/NTAS No Bills Committee chair
FC Textiles and Garment Sunny Tan BPA No
ECC Election Committee Judy Chan NPP Yes
ECC Election Committee Maggie Chan Independent No
ECC Election Committee Chan Siu-hung Independent
ECC Election Committee Chan Hoi-yan Independent No
GC New Territories South West Joephy Chan FTU No
GC Hong Kong Island West Chan Hok-fung DAB No
GC New Territories North Gary Zhang New Prospect
ECC Election Committee Lilian Kwok DAB No
ECC Election Committee Benson Luk BPA No
FC Import and Export Kennedy Wong DAB No
FC Accountancy Edmund Wong DAB No Bills Committee member
ECC Election Committee Kingsley Wong FTU No Bills Committee member
GC Kowloon Central Yang Wing-kit Independent
ECC Election Committee Peter Koon Independent Abstain
ECC Election Committee Tang Fei FEW No Bills Committee member
GC Kowloon East Tang Ka-piu FTU No
ECC Election Committee Lai Tung-kwok NPP Yes
ECC Election Committee Lau Chi-pang Independent
FC Sports, Performing Arts, Culture and Publication Kenneth Fok Independent
FC Real Estate and Construction Louis Loong Independent
GC Kowloon East Ngan Man-yu DAB No
ECC Election Committee Carmen Kan Independent Voiced doubts on the bill for a lack of consensus in the society[34]
ECC Election Committee Tan Yueheng Independent
ECC Election Committee So Cheung-wing Independent Bills Committee member; tend to oppose
FC Commercial (Third) Yim Kong Independent Bills Committee member; expressed no stance
ECC Election Committee Adrian Ho NPP Yes
ECC Election Committee Shang Hailong Independent
ECC Election Committee Chan Wing-kwong DAB No
ECC Election Committee William Wong Independent

Notes

  1. ^ They include members of DAB (Chan Yung (also committee chair), Holden Chow, Vincent Cheng, Nixie Lam, Edmund Wong), of BPA (Lo Wai-kwok, Jimmy Ng), of FTU (Kingsley Wong), of Liberal (Shiu Ka-fai), and of FEW (Tang Fei). Two independents (Kenneth Leung, So Cheung-wing) tend to oppose, while two others did not express their stance (Hoey Simon Lee, Yim Kong)
  2. ^ a b c d e Supported the bill due to collective ministerial responsibility as members of Executive Council
  3. ^ His party (BPA) opposed same-sex marriage
  4. ^ His party (DAB) opposed same-sex marriage
  5. ^ Personally opposed same-sex marriage in the past
  6. ^ Ng voiced opposition to the bill[33]

References

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