Dear Secretary,
Ahead of the Legislative Council’s third reading and voting on the Registration of Same-sex Partnerships Bill, we, the undersigned organizations – including Amnesty International Hong Kong Overseas (AIHKO) and LGBTI rights groups from Asia – urgently call on the Hong Kong SAR government to fully comply with the ruling of the Court of Final Appeal delivered on 5 September 2023 and its international and local human rights obligations by establishing a comprehensive legal framework that recognizes same-sex partnerships and allows all same-sex couples to enter into a local, legally registered partnership.
While we acknowledge that the introduction of the Bill is an essential action undertaken by the Hong Kong government to comply with the Court of Final Appeal’s direction and its local legal obligations, the current Bill falls far short of both international human rights standards and the government’s proclaimed commitments in advancing equality, inclusion and respect for diversity.
The 2023 Court of Final Appeal ruling set a deadline of 27 October 2025 for the Hong Kong government to “establish an alternative framework for legal recognition of same-sex relationships (such as registered civil partnerships or civil unions) and provide for appropriate rights and obligations attendant on such recognition”. The undersigned organizations strongly believe that can only be properly understood as providing the right to legally enter into a civil partnership locally. However, the current Bill limits “registration” to same-sex couples who already have a marriage or civil union registered outside Hong Kong. The Bill also narrowly limits their rights to medical decision-making and post-death arrangements, excluding key family rights such as joint adoption, access to assisted reproductive technologies, child custody and property division upon dissolution of the partnership, among other protections. These restrictions not only effectively deny the partnership rights of same-sex couples in a manner inconsistent with international human rights standards, but also misinterpret and fundamentally undermine the requirements set out by the Court of Final Appeal in its judgment.
Articles 2 and 26 of the International Covenant on Civil and Political Rights (ICCPR) oblige State Parties to ensure the full and equal enjoyment of civil and political rights to all without discrimination, including on the basis of sexual orientation, which covers rights related to family and partnership recognition. The Committee on the Economic, Social and Cultural Rights (CESCR) requires States to progressively realize social and economic rights, including rights linked to family life and social protection, on a non-discriminatory basis, eliminating unjustified differential treatment between same-sex couples and opposite-sex couples.
We recognize that the Bill is now at the final legislative stage. We believe the way it is enacted and implemented will determine whether it truly meets its stated purpose of protecting and recognizing same-sex couples and ensuring their rights are effectively protected, in line with Hong Kong’s international obligations and the mandate given by the Court of Final Appeal. We therefore urge the Hong Kong government to take immediate and forward-looking measures to guarantee that this legal recognition is as robust and meaningful as possible for the people it is meant to serve and protect.
In this spirit, we respectfully call on the Hong Kong SAR Government to:
- Fully align with the Court of Final Appeal’s direction by creating “an alternative legal framework for conferring official recognition and protection on the relationship between same-sex couples” and enable such couples to enter into a locally registered partnership.
- Publicly disclose a contingency plan in the event that the Bill is not passed before the deadline stipulated by the Court of Final Appeal, and introduce without delay a revised legislative proposal that establishes a comprehensive and inclusive framework for the legal recognition and protection of same-sex couples in Hong Kong, in full conformity with the HKSAR’s obligations under appliable international human rights treaties, including the ICCPR and the ICESCR, as well as the guarantees enshrined in the Basic Law, the Hong Kong Bills of Rights Ordinance and confirmed by the Court of Final Appeal.
In the event that the Bill is adopted into law, we call on the Hong Kong SAR Government to:
- Commit to sustained and structured dialogue with LGBTI communities, civil society organizations, and human rights groups after the Bill’s passage, with a view to addressing any shortcomings and advancing of full equality in law and practice over time. This process should include the continuous development of supplementary measures, policies, or future legislations aimed at eliminating all forms of discrimination based on sexual orientation, gender identity, and intersex status.
- Establish a detailed and transparent implementation plan that ensures the minimum of rights currently proposed to be recognized in the Bill are fully and effectively enforced without delay.
- Provide training and awareness raising programs for government officials, members of the legal profession, public service providers and others to ensure they possess the knowledge, skills and awareness necessary to implement and uphold any new legal framework in a manner fully consistent with the principles of equality and non-discrimination.
- Publicly outline a roadmap for future reforms to eliminate the remaining gaps between the rights of same-sex and opposite-sex couples, drawing at a minimum on the equal rights that have already been established by past judicial rulings, including eligibility for public housing, access to spousal benefits for civil servants and taxation, and the inheritance rights.
- Guarantee transparent and publicly accessible monitoring and reporting mechanisms, including independent reviews, to track how the new legal framework impacts same-sex couples, and identify areas for improvement.
Recognition of same-sex partnerships is growing across the Asia-Pacific region. Many countries and territories are taking progressive steps to legally recognize and protect same-sex couples, reflecting both societal change and adherence to international human rights standards. The current Bill falls far behind the frameworks adopted for same-sex partnerships in, among others, Nepal, Taiwan and Thailand in recent years. These examples also show that there is no contradiction between rights and recognition of same-sex partnerships and Asian or “traditional” values.
We urge the Hong Kong government to ensure that the legal recognition of same-sex partnerships becomes a meaningful reality. By taking these steps, Hong Kong has the opportunity to demonstrate leadership in upholding equality, strengthening the rule of law, welcoming and fostering an inclusive society where the rights and dignity of LGBTI people are respected and protected.
Signatories:
- Amnesty International Hong Kong Overseas
- Asia Feminist LBQ Network
- Bahaghari Center for SOGIE Research, Education and Advocacy, Inc.
- Bhutan Network of People Living with HIV/AIDS (BNP+)
- Blue Diamond Society
- Federation of Sexual and Gender Minorites of Nepal
- GIRLxGIRL
- ILGA Asia
- Institute for Studies of Society, Economy and Environment
- Marriage for All Korea
- Mayako Pahichan Nepal
- Noboprobhaat Foundation
- Outrage Magazine
- PeriFerry
- Pioneer Filipino Transgender men Movement Incorporated
- Prantoz Foundation
- Queer Margins
- Rainbow Sky Association Of Thailand
- Relation of new bridge
- Rongin Desh
- Sappho for Equality
- SEED Malaysia
- Taiwan Alliance to Promote Civil Partnership Rights
- Taiwan Equality Campaign
- Taiwan Gender Equity Education Association
- Taiwan LGBTQ Family Rights Advocacy
- Taiwan Non-binary Queer Sluts
- Taiwan Tongzhi (LGBTQ+) Hotline Association
- Transgender Japan
- Youth LEAD Mongolia
- Youth Voices Count, Inc.