On Sep.10, Hong Kong lawmakers rejected a court-proposed same-sex bill that called for the government to establish limited rights for same-sex couples.
The proposed bill, legally known as the Registration of Same-Sex Partnership Bill, would have granted same-sex couples access to certain spousal rights, such as medical decisions and handling post-death matters, according to the government’s press release.
The bill followed the court’s Sep. 5 rule in favour of Sham Tsz Kit, a political and LGBTQ+ activist who challenged the government to recognise his same-sex marriage to his husband in New York.
While the Court of Final Appeal refused to legalise same-sex marriage in the city, it ordered the government to establish an “alternative framework” to grant “core rights” for same-sex couples.
However, despite the court order, the Legislative Council (LegCo) has vetoed the bill, with 71 against, 14 in favour, and one abstention.
During the debate at the council, Ho Kwan Yiu, a pro-Beijing lawmaker, criticised the judges who passed the bill, saying that the city should uphold the “correct values” of marriage, family, children, and motherhood in accordance with the Constitution of the People’s Republic of China.
Other lawmakers raised concerns about whether the council’s rejection of the bill would undermine the court’s authority.
The result of the council’s decision has sparked mixed reactions across the community.
Mak Ho Kwan, a 73-year-old retiree, expressed his support for the bill. “It’s none of our business whether they are in love with the same sex or not. If they are born and raised in Hong Kong, they should have their rights,” he said.
This view was echoed even by some conservative citizens, such as 22-year-old student Wong Hoi Wing. “I do not support homosexuals, but I think this is more about human rights for everyone. I don’t think it’s fair to same sex couples, as everyone should have those rights regardless of their sexuality.”
Why is the bill important for same-sex couples?
The rejected bill would have granted same-sex partners limited rights in medical decisions and post-death arrangements, according to a LegCo Bill Committee brief.
Making medical decisions
1. Hospital visitation:
Same-sex partners can visit their partner in the hospital during designated times with the medical officer’s consent, including emergency and ICU visits.
2. Access to medical information and decisions:
Same-sex partners can be informed about the patient’s medical condition, participate in medical decisions and act as guardians if the patient is an able-bodied adult.
3. Privacy exemption in emergencies:
If a registered same-sex partner’s life is in danger, personal data privacy rules may be waived so they can be quickly informed.
4. Organ transplant:
Registered same-sex partners can donate a living organ to their partner under organ transplantation laws.
Handling deaths
1. Body identification:
Same-sex partners can identify the deceased partner’s body at a public mortuary.
2. Death certificate:
They can apply for the partner’s death-related certificates.
3. Receiving and burial:
They can receive the body and arrange the funeral or burial.
4. Cremation application:
They can apply for cremation permits for their partner’s remains.
5. Use of public burial venues:
They can handle arrangements in cemeteries, crematoriums, and ash placement under certain health department jurisdictions.
6. Use of remains for medical purposes:
They can decide to use the deceased partner’s remains for medical treatment, education, or research.
Views on same-sex rights in the city
Same-sex rights have consistently been debated in Hong Kong, where various LGBTQ+ rights advocacy groups have called for the government to legalise related rights for decades.
The Hong Kong Marriage Equality, an advocacy group for LGBTQ+ equality, released a statement on Instagram following the rejection of the bill. While they commended the government for “taking initial steps” to fulfil its “constitutional obligation” towards the court’s decision, they expressed concern that the rejection of the bill sends a “troubling signal” that court rulings can be disregarded.
The core debate revolves around whether the Basic Law, the city’s constitution, includes rights for same-sex couples.
Michael Ramsden, an associate dean of law at the Chinese University of Hong Kong, said in an article that lawmakers opposing the bill have selectively cited international law to support a conservative view that same-sex marriage is not a constitutional right under the Basic Law.
Citizens have also voiced their opinion on the law, with 24-year-old Cheung Ka Ho, who identifies as queer, saying that the bill does not violate the Basic Law but instead completes the loophole of queer rights.
Looking ahead
Despite the bill’s rejection, the push for same-sex equality in Hong Kong is far from over. It may now be time for lawmakers to resume the legislative process at the “earliest possible opportunity” following the LegCo elections in December, says Hong Kong Marriage Equality.
Within the LGBTQ+ community, individuals like Cheung remain optimistic about the future of same-sex rights in Hong Kong, even if the path to legalisation requires time and effort.