Officials may want more time to set up legal framework for same-sex couples

Wallis Wang

The government wants more time to establish an alternative framework for legal recognition of same-sex partnerships due to legal complications, sources said.

That came after the court of final appeal ruled on September 5 that the administration violated its obligation to set up the framework, and the decision was suspended for two years to allow the government to set up the mechanism.

The sources said the administration hopes the top court can grant it more time if it's needed.

Executive Councillor and senior counsel Ronny Tong Ka-wah said he wasn't surprised by any such move.

The court's description of the "alternative framework" is short and unclear, he said, and officials need to mull over frameworks to decide on an appropriate one.

Tong said the court wants officials to come up with a protective measure for same-sex couples in line with article 17 of the International Covenant on Civil and Political Rights, which states that "no one shall be subject to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honor and reputation."

"What type of behavior can be deemed arbitrary interference is vague," he said.

Tong said the wish for more time was to be expected, otherwise, any proposal the administration makes could be accused of being unreasonable, triggering court challenges.

However, gender studies scholar Suen Yiu-tung disagreed, saying referential examples abound in many jurisdictions around the world.

Suen, associate professor at Chinese University, said many countries have been safeguarding same-sex couples' rights under a "civil union" framework.

The longer it takes for officials to consider the issue, the longer the denial of same-sex couples' rights, he said. Legislative Council member Holden Chow Ho-ding from the Democratic Alliance for the Betterment and Progress of Hong Kong, however, said officials need time to listen to public views due to the controversial nature of the issue.

He said the court's judgment has caused concern among religious groups and those who support traditional family values and that people are worried over whether the rights for same-sex couples include the adoption of children.