Hong Kong to debate same-sex partnership recognition bill next Wednesday

The bill on recognizing same-sex partnerships will go to the Legislative Council next Wednesday for first and second readings, even though most of the main political parties have voiced opposition to the proposed legislation.

The bill proposes a new registration system to legally recognize only same-sex marriages registered overseas, granting them rights to handle medical matters and after-death arrangements, according to the government

Key provisions of the proposed law

Under the suggested system, both partners must be same-sex and at least 18 years old, and at least one must be a Hong Kong resident. They must have already registered their relationship abroad, such as a same-sex marriage or civil union in another country.

Registered same-sex couples would be entitled to participate in medical-related and after-death matters, including hospital visitation rights, access to medical records, organ donation, and the right to claim a partner’s body and handle burial or cremation.

Legal penalties for non-compliance

The bill states that anyone who deliberately removes or modifies documents maintained or filed by the same-sex registrar could face up to two years in prison and a fine of HK$50,000.

If a same-sex partnership registered outside Hong Kong is dissolved, the couple must notify the registrar within six months, or they may face a HK$10,000 fine.

Government's stance

Officials stressed in the bill submission paper that it has made careful weighing, given that the issue is highly complex and controversial and there are diverse views in society.

“The government, when formulating the alternative framework, must be prudent in its consideration and strike an appropriate balance to avoid creating social division and affecting social harmony.”

Political landscape and reactions

Political parties that have indicated opposition include the Democratic Alliance for the Betterment and Progress of Hong Kong, the Business and Professionals Alliance, the Federation of Trade Unions, and the Liberal Party. Together, they represent 39 of the city’s 89 lawmakers.

New People’s Party chairman and lawmaker Regina Ip Lau Suk-yee supported the bill, describing it as “minimum spending” that can fulfill the order by the Court of Final Appeal.

The proposed framework emerged three months ahead of the October deadline set by the court, which issued a landmark 2023 ruling mandating the government to establish legal recognition for same-sex couples within two years.

(Jamie Liu)