Hong Kong’s top court orders govt to establish framework to recognize same-sex marriage

Hong Kong’s top court has on Friday ordered the government to establish an alternative framework for legal recognition of same-sex partnerships to provide with couples their appropriate rights and obligations in two years starting today. 

This came as gay rights activist and former district councilor Jimmy Sham Tsz-kit filed an appeal to fight for same-sex marriage recognition in the SAR. 

Sham was granted a certificate to take the appeal to the city’s highest level of court – the Court of Final Appeal – in November last year. 

The proceeding began in June before a five-judge panel, including Chief Justice Andrew Cheung Kui-nung, Permanent Judges Roberto Ribeiro, Joseph Fok, and Johnson Lam Man-hon, and Non-Permanent Judge Patrick Keane. 

In the written judgment released on Friday, the CFA ruled that the government “is in violation of its positive obligation under Article 14 of the Hong Kong Bill of Rights to establish an alternative framework for legal recognition of same-sex partnerships, such as registered civil partnerships or civil unions.“ 

The government also fails “to provide for appropriate rights and obligations attendant on such recognition with a view to ensuring effective compliance with the aforesaid obligation,” according to the CFA. 

The CFA ordered the government to fulfill its relevant duties through either executive or legislative means in two years starting from today. 

The government can apply for the two-year period to be extended on papers but it must provide “compelling reasons,” the CFA noted. 

The two-year period came after Sham’s side argued that one year would be enough. Yet, the CFA said it is not a practical time limit for the government to exercise its constitutional duties and to execute the court order. 

The CFA also acknowledged that government will have to put in a lot of efforts to establish and execute a constitutional alternative framework to provide same-sex couples with legal recognition.