Challenges tied to 'framework' ruling for same-sex couples expected

It will be difficult to set up an alternative framework for same-sex couples, Executive Councillor and senior counsel Ronny Tong Ka-wah says as he expects judicial reviews on housing and other policies related to the landmark court ruling.

The top court on Tuesday ruled that the government must set up a legal framework to recognize these relationships that will allow same-sex couples to enjoy some or all rights entitled to married heterosexual couples in the future.

Speaking on radio yesterday, Tong said he was surprised by the Court of Final Appeal decision, adding that the judgment did not clearly state what kind of services the government will need to provide to same-sex couples.

"There is too much ambiguity," he said. "Does the judgment mean same-sex couples cannot enjoy all the rights entitled to married heterosexual couples? Between the rights of single people and married couples, where should the government set up the legal framework for same-sex couples?"

Tong said the government will need to consider how such couples should be treated when it comes to public housing applications, including whether there should be a separate queue for them.

"Will many same-sex couples go overseas to get married because of this arrangement? And will two men or two women be allowed to wait for public flats in this queue just because they claim they are same-sex couples?"

Tong said there is room for flexible arrangement in the International Bill of Human Rights, meaning different regions can interpret the bill themselves and provide different services depending on their social environment and culture.

He expects judicial reviews on the framework in the future.

After the government launches the framework, those who are not satisfied with their rights can file another round of judicial reviews, Tong added.

Chinese University gender studies program assistant professor Suen Yiu-tung said Hong Kong should look into allowing same-sex couples to have their rights safeguarded under a "civil union" framework.

The focus of the framework cannot be too narrow or it will raise controversies, Suen said on another radio program.

Suen said the court's verdict was very important as there have been many cases that show same-sex couples being treated differently.

Solicitor and lawmaker Doreen Kong Yuk-foon said many countries protect the rights of same-sex couples and Hong Kong should start its policy research to maintain its status as an international hub.

She urged authorities to draft appropriate plans and consult the public as soon as possible.

But another lawmaker, Holden Chow Ho-ding from the Democratic Alliance for the Betterment and Progress of Hong Kong, said same-sex couples must not be allowed to adopt children.

"If Hong Kong recognizes their civil union status in the future, the city must not allow them the right to adopt children," he said.

"Allowing same-sex couples to adopt children will seriously shake the value, concept and structure of families in Hong Kong and have a significant social impact."

Esther Leung, campaign manager of the Hong Kong Marriage Equality group, said it is a "big step forward" and an "important milestone in Hong Kong history" for the court to order authorities to set up a legal framework for same-sex couples.

Leung expects same-sex couples will be able to file joint tax returns and make medical decisions together, adding the framework should state age limits for couples who register for a legally recognized relationship and how their assets should be divided when the relationship ends.

Refuting Chow's assertion on same-sex couples adopting children, she said studies have shown that being raised by same-sex couples do not affect children's mental health.

Executive Council convener Regina Ip Lau Suk-yee said the top court's ruling "wisely" avoids the National People's Congress' interpretation of the matter as it found there is no breach of the Basic Law. The court's order that the government should provide alternative means to legally recognize same-sex relationships shows the city's judicial independence, Ip said.

The Equal Opportunities Commission did not comment on the judgment, saying it is their duty to probe violations of the four existing anti-discrimination ordinances.

Law firm Rita Ku & Ser said same-sex couples who get married overseas can choose joint tax reporting and inherit their spouse's estate, but they cannot initiate divorce proceedings in Hong Kong as their marriage is not recognized in the city.

It suggested same-sex couples draft a will and appoint attorneys to protect themselves before the government sets up the framework.

wallis.wang@singtaonewscorp.com