Registration of Same-sex Partnerships Bill
Registration of Same-sex Partnerships Bill | |
---|---|
![]() | |
Legislative Council of Hong Kong | |
| |
Territorial extent | Hong Kong |
Legislative history | |
Bill title | Registration of Same-sex Partnerships Bill |
Introduced by | Erick Tsang, Secretary for Constitutional and Mainland Affairs |
Introduced | 16 July 2025 |
First reading | 16 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]
Notes
- ^ 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)
- ^ a b c d e Supported the bill due to collective ministerial responsibility as members of Executive Council
- ^ His party (BPA) opposed same-sex marriage
- ^ His party (DAB) opposed same-sex marriage
- ^ Personally opposed same-sex marriage in the past
- ^ Ng voiced opposition to the bill[33]
References
- ^ 任葆穎, 勞顯亮 (2025-07-02). "同性伴侶替代框架|岑子杰:須海外註冊或違終審 籲政府聽意見". 香港01 (in Chinese (Hong Kong)). Retrieved 2025-07-04.
- ^ "Hong Kong government proposes system to recognise same-sex partnerships". South China Morning Post. 2025-07-02. Retrieved 2025-07-04.
- ^ a b Leung, Hillary (2025-07-17). "HK official urges lawmakers to back plan to give limited rights to same-sex couples". Hong Kong Free Press HKFP. Retrieved 2025-07-17.
- ^ Mohanraj, Harshinee (2024-06-28). "Marriage Equality in Hong Kong: Progress and Next Steps". Tanner De Witt Solicitors, Law Firm Hong Kong. Retrieved 2025-07-16.
- ^ "Hong Kong Legal Information Institute (HKLII)". www.hklii.hk. Retrieved 2025-07-16.
- ^ "Hong Kong has proposed limited legal recognition for same-sex couples". ABC News. 3 July 2025.
- ^ "Registration of Same-sex Partnerships Bill gazetted". www.info.gov.hk. Retrieved 2025-07-11.
- ^ Constitutional and Mainland Affairs Bureau (9 July 2025). "CMAB 253-002-022-P003.pdf" (PDF). www.legco.gov.hk. Retrieved 11 July 2025.
- ^ Legislative Council of the Hong Kong Special Administrative Region - Official record of proceedings
- ^ "Legislative Council of the Hong Kong Special Administrative Region - Bills Committee". www.legco.gov.hk. Retrieved 2025-07-23.
- ^ a b c "同志草案明審議 法案會15委員10人反對立法". Mingpao. 22 July 2025.
- ^ "Legislative Council of the Hong Kong Special Administrative Region - Bills Committee". www.legco.gov.hk. Retrieved 2025-07-22.
- ^ 余錦賢. "免同志草案擦火花 立會「指定」委員常態化". Hong Kong Economic Journal (in Chinese (Hong Kong)). Retrieved 2025-08-06.
- ^ "同性伴侶登記制|法案委員會首次會議 15 委員僅葉劉淑儀表態支持 議員關注否決後果". thecollectivehk.com. 2025-07-23. Retrieved 2025-07-23.
- ^ a b 余錦賢. "曾國衞「馬拉松式」箍票 引爆「威脅」議員疑雲". Hong Kong Economic Journal (in Chinese (Hong Kong)). Retrieved 2025-08-06.
- ^ "昨指局長就同志登記制法案「威脅」 吳秋北今致歉自言「表述過火」 政制局不評論個別意見". Ming Pao. 1 August 2025.
- ^ "Hong Kong to press ahead with tabling same-sex partnership bill despite pushback". South China Morning Post. 2025-07-10. Archived from the original on 2025-07-10. Retrieved 2025-07-11.
- ^ a b Tse, Hans (2025-07-04). "HK lawmakers slam gov't proposal to give limited rights to same-sex unions". Hong Kong Free Press HKFP. Retrieved 2025-07-11.
- ^ "Lawmakers oppose same-sex legal recognition framework - RTHK". news.rthk.hk. Retrieved 2025-07-14.
- ^ "'Govt can't go against court on same-sex recognition' - RTHK". news.rthk.hk. Retrieved 2025-07-16.
- ^ Lee, James (2025-07-15). "HK leader backs bill granting same-sex couples limited legal rights". Hong Kong Free Press HKFP. Retrieved 2025-07-16.
- ^ Kanis Leung (3 July 2025). "Hong Kong proposes recognizing same-sex partnerships formed overseas". AP.
- ^ a b "天主教區反對、社總支持 意見書總數10775份". Ming Pao. 2025-08-02. Retrieved 2 August 2025.
- ^ The Boys’ Brigade, Hong Kong, 香港基督少年軍 (28 July 2025). "📣香港基督少年軍-緊急呼籲‼️". Facebook.
- ^ "聯會呼籲:一人一信回應《同性伴侶關係登記條例草案》 | 聯會資訊 | 關於我們 | The Hong Kong Chinese Christian Churches Union". www.hkcccu.org.hk. Retrieved 2025-07-29.
- ^ "同志登記制反響大 教會沉默是金". Hong Kong Economic Journal (in Chinese (Hong Kong)). p. A12. Retrieved 2025-07-29.
- ^ "同志框架再收6000意見書 今屆立會草案之最". Ming Pao. 30 July 2025.
- ^ "同性伴侶關係登記草案 反對意見書增至逾七成 與支持比率進一步拉闊". 星島頭條 (in Chinese (Hong Kong)). 2025-08-01. Retrieved 2025-08-01.
- ^ "同志登記制 39議員反對36無表態 曾國衞籲客觀審議 岑子杰憂否決法案衝擊法治". Ming Pao. 2025-07-17.
- ^ "中聯辦曾了解取態 劉兆佳稱中央會考慮輿論". Ming Pao. 2025-07-17.
- ^ 文維廣 (2025-07-17). "01統計|同性伴侶登記反對聲浪大 立法會若即日投票將被否決". HK01 (in Chinese (Hong Kong)). Retrieved 2025-07-17.
- ^ "Legislative Council of the Hong Kong Special Administrative Region - A Companion to the history, rules and practices of the Legislative Council of the Hong Kong Special Administrative Region ¶ Part II: Conduct of business in the Council and committees". www.legco.gov.hk. Retrieved 2025-07-17.
- ^ "同性伴侶登記條例草案下周三首讀 政黨反對聲音大". 香港01 (in Chinese (Hong Kong)). 10 July 2025. Retrieved 17 July 2025.
- ^ "簡慧敏:同性伴侶框架未聚共識". Mingpao (in Chinese (Hong Kong)). 7 July 2025. Retrieved 17 July 2025.