Turning Tides – Same Sex Rights in Hong Kong
Turning Tides – Same Sex Rights in Hong Kong
Written by: Winnie Chow
September has been quite a roller coaster ride for the advancement of same sex rights in Hong Kong. We went from the exhilarating peak of the landmark decision on 9 September 2025, declaring it unlawful not to allow a lesbian couple to register together as parents of their son who was conceived via fertility treatment, to the trough within 24 hours, as our Legislative Counsel voted down the 2nd reading of the Registration of the Same-sex Partnerships Bill (“the Bill”) by an overwhelming the majority of 71 votes against, 14 votes in favour.
What this means is that thus far, couples and families in same sex relationships have had to fight on an ad hoc basis, incurring the time, costs and effort (often through rounds of litigation) to obtain rights which heterosexual couples in Hong Kong take for granted. Same-sex couples, whether registered in a civil partnership or married overseas, are currently only recognised in Hong Kong in the very limited circumstances in the arena of tax, public housing, and civil servant benefits. In our existing family law framework, the only legislation that covers same-sex relationship is under our Domestic and Cohabitation Relationship Violence Ordinance. The extra wording of “Cohabitation Relationship” was included because of sensitivities around putting in language which may be seen as recognising same-sex relationships and elevating them to a valid marriage in Hong Kong.
Each of the existing same sex rights were secured by private individuals through lengthy rounds of Court battles, and in the process, having to endure stress, indignity (of being exposed to public scrutiny), uncertainty and the burden of significant financial and/or emotional costs. On each occasion, the Government steadfastly defended the current legal framework of a valid marriage in Hong Kong, being the voluntary union of one man and one woman to the exclusion of all others.
The Bill was the Government’s response to our Court of Final Appeal’s decision on 27 October 2023, in the case of Sham Tsz Kit v Secretary for Justice. Our highest Appellate Court found that the Government had a positive obligation to establish an alternative framework through legislation, and for legal recognition of same-sex partnership, providing for appropriate rights and obligations attendant on some such recognition. The Government was given two years to fulfil this positive obligation, arising from Article 14 of the Hong Kong Bill of Rights, which states that “No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.”
The Bill was first introduced to our Legislative Council in July 2025. It provided a framework for registration of same sex relationships, and in registering their relationship, a same sex couple would have rights extended to them to deal with medical and after death arrangements of the other, for example, dealing with the deceased same sex partner’s body, the remains after cremation, making decisions about organ transplants, donations, and/or for research/medical purposes, acting as the surviving spouse in terms of dealing with medical related matters of same sex partners, obtaining medical information and participating in medical decision. The Bill was met with fierce opposition from those who feared that recognition of same sex relationships would erode family values and ethics of the society. Those in opposition also claimed to be reflecting public sentiment. There is currently no clarity on what lies ahead, as the Government has indicated that they would not be seeking a time extension, yet time is fast running out on the two-year period provided by our Court of Final Appeal.
Whilst the proposed legal framework in the Bill would have provided a limited scope in utility, had it been passed, it would nonetheless have been a significant step in elevating same sex rights in Hong Kong. It would have been the first piece of legislation specifically recognising same sex relationships and a formal legislative foundation to build upon existing rights. Otherwise, each step to advance same sex rights in Hong Kong has moved at glacial speed, on a piece-meal basis, and entirely reliant upon the tenacity and courage of private individuals to take on the David and Golaith-like legal challenge.
All we can do for now is to hang on to the encouraging Judgment of K (an infant) by His Next Friend, R v The Secretary for Justice on 9 September 2025 from the Honourable Mr Justice Coleman , where he pointed out that “Resort to the will of the majority cannot dictate the decisions of a Court whose role is to interpret universal and indivisible human rights, especially minority rights”. In any event, recent research in Hong Kong has shown increasing support for same sex rights, which continues to grow.
The rejection of the Bill is at odd with the open, vibrant and inclusive international city that Hong Kong prides itself to be. There is already a spectrum of different family dynamics within our society, be it traditional customary marriages with multiple parental figures, single parents, traditional heterosexual married parents, same sex parents, or multiple parents (involving a step-parent of same or opposite sex). This issue of lack of recognition of same sex rights will resurface, again and again, because these issues are occurring in our everyday life, and part of the reality of our society. The call for recognition will become louder and louder on each occasion. To borrow the parting words from the Judgment of Coleman J, that crescendo will inevitably be just as loud as the inexorable wave that came crashing at King Canute’s feet. And so we wait, for the tides to turn again.
