HONG KONG — Hong Kong’s authorities on Wednesday proposed a registration system that may acknowledge same-sex partnerships shaped abroad, granting such {couples} extra rights within the metropolis.
In a doc submitted to the legislature, the Constitutional and Mainland Affairs Bureau stated the proposed system would enable registration for same-sex grownup {couples} who’ve married, shaped civil partnerships or civil unions abroad, supplied these relationships have been legally acknowledged in these jurisdictions and certainly one of them is a Hong Kong resident.
After the registration, the {couples} would have rights together with the power to take part in medical choices for his or her family members, supplied consent is given. For mentally incapacitated grownup sufferers, their companions can participate within the choices as guardians.
They’d additionally get pleasure from the appropriate to deal with after-death issues for his or her companions, together with claiming the our bodies and deciding whether or not their stays can be utilized for medical therapy, schooling or analysis.
Similar-sex {couples} can’t get married or register for civil partnerships in Hong Kong. However authorities acknowledge same-sex marriages registered overseas for taxation and civil service advantages and different sensible causes, resembling dependent visas.
Most of the authorities’s concessions have been gained by way of authorized challenges and town has seen rising social acceptance towards same-sex marriage lately.
The federal government proposal got here in response to the high court docket’s landmark ruling in 2023 in favor of a framework for recognizing same-sex {couples}’ rights. The ruling didn’t grant full marriage rights to same-sex {couples} however was a partial victory for distinguished pro-democracy activist Jimmy Sham, who fought a five-year authorized battle over the popularity of same-sex marriages registered abroad.
Sham, who was sentenced to over 4 years for his position in an unofficial main below a Beijing-imposed nationwide safety regulation, was launched from jail in Might.
In an interview with The Related Press, Sham stated heterosexual {couples} weren’t required to register their marriages abroad to get the popularity regionally and questioned why same-sex {couples} had to take action.
He additionally steered that the federal government enable same-sex {couples} to get pleasure from equal jail visiting rights as heterosexual {couples}.
“I hope the federal government will hearken to opinions from society and the neighborhood, and attempt to develop an answer that doesn’t exceed society’s acceptance stage, whereas assembly the expectations of same-sex {couples} and avoiding authorized challenges,” he stated.
Jerome Yau, co-founder of non-governmental group Hong Kong Marriage Equality, stated the federal government doc was “very conservative” and “removed from acceptable.”
He stated he did not see the logic of solely making those that are married or have shaped partnerships abroad eligible for the measures.
“We imagine that can create an apparent inequality within the sense of native same-sex {couples} who usually are not married abroad will not be eligible to register the relationships. I believe that’s unfair, and probably that can result in additional litigation,” he stated, including that he hoped the invoice would include extra particulars.
The federal government is anticipated to desk a invoice within the legislature at a later date. Lawmakers will talk about the doc on Thursday.
Some pro-Beijing legislators have spoken out in opposition to granting same-sex {couples} equal rights, upholding the normal view that marriage ought to solely be between women and men.
The federal government stated its proposals have been made after contemplating town’s precise scenario, including that there are completely different views over the popularity of identical intercourse partnerships and it must strike a stability to keep away from dividing society.
