HONG KONG — Hong Kong’s authorities on Wednesday proposed a registration system that might acknowledge same-sex partnerships fashioned abroad, granting such {couples} extra rights within the metropolis.
In a doc submitted to the legislature, the Constitutional and Mainland Affairs Bureau mentioned the proposed system would permit registration for same-sex grownup {couples} who’ve married, fashioned civil partnerships or civil unions abroad, supplied these relationships had been legally acknowledged in these jurisdictions and one in all them is a Hong Kong resident.
After the registration, the {couples} would have rights together with the flexibility 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 might additionally get pleasure from the suitable 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, training or analysis.
Similar-sex {couples} can not 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, similar to dependent visas.
Most of the authorities’s concessions had been received by means 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 highest 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 beneath a Beijing-imposed nationwide safety regulation, was launched from jail in Could.
In an interview with The Related Press, Sham mentioned heterosexual {couples} weren’t required to register their marriages abroad to get the popularity domestically and questioned why same-sex {couples} had to take action.
He additionally instructed that the federal government permit same-sex {couples} to get pleasure from equal jail visiting rights as heterosexual {couples}.
“I hope the federal government will take heed to opinions from society and the neighborhood, and attempt to develop an answer that doesn’t exceed society’s acceptance degree, whereas assembly the expectations of same-sex {couples} and avoiding authorized challenges,” he mentioned.
Jerome Yau, co-founder of non-governmental group Hong Kong Marriage Equality, mentioned the federal government doc was “very conservative” and “removed from acceptable.”
He mentioned he didn’t see the logic of solely making those that are married or have fashioned partnerships abroad eligible for the measures.
“We consider that can create an apparent inequality within the sense of native same-sex {couples} who are usually 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 mentioned, including that he hoped the invoice would include extra particulars.
The federal government is predicted to desk a invoice within the legislature at a later date. Lawmakers will focus on the doc on Thursday.
Some pro-Beijing legislators have spoken out in opposition to granting same-sex {couples} equal rights, upholding the standard view that marriage ought to solely be between women and men.
The federal government mentioned its proposals had been made after contemplating town’s precise state of affairs, including that there are completely different views over the popularity of identical intercourse partnerships and it must strike a steadiness to keep away from dividing society.
