Hong Kong is poised to introduce legislation that will formally recognise same-sex partnerships, signalling a notable step forward for LGBTQ+ rights in the semi-autonomous region of China.
The move follows a 2023 ruling from Hong Kong’s top court, which ordered the government to create a legal framework recognising same-sex relationships. The court gave the government two years to enact such legislation. However, it stopped short of mandating full marriage equality or the recognition of same-sex marriages performed overseas, rejecting those appeals unanimously.
Despite the government’s historically reserved approach to LGBTQ+ issues, homosexuality was decriminalised in 1991, and a series of legal challenges in recent years have driven incremental improvements in LGBTQ+ rights.
According to the South China Morning Post, the new bill is expected to be introduced to the Legislative Council on Wednesday, 16 July. If passed, it would provide legal recognition to same-sex couples for the first time in Hong Kong.
The news comes on the heels of another landmark decision last year, when Hong Kong’s highest court ruled in favour of transgender activists Henry Tse and another individual referred to as Q. The ruling overturned the requirement that trans individuals undergo full gender-affirming surgery to change their gender markers on official identification documents.
Under the updated policy, trans men must now undergo top surgery, and trans women must undergo bottom surgery, in addition to completing at least two years of hormone replacement therapy (HRT), before they can apply for a change in their ID cards.
However, this revision has drawn criticism from advocacy groups. In a joint statement, Quarks, a support group for trans youth, and the Hong Kong Trans Law Database expressed their dissatisfaction:
“[It] continues to violate transgender people’s right to privacy and bodily integrity.”
Henry Tse, who brought his case to court after being unable to change his ID despite living as a man, previously shared his struggles with PinkNews:
“In Hong Kong, the simplest thing like using the bathroom in a public space, it’s impossible because it’s illegal for me. It’s illegal for me to use the male bathroom and it’s illegal for me to use the female bathroom because of how I look.”
Tse also explained how being unable to amend his ID “outed” him as trans each time he had to present it, leading to discomfort and discrimination.
If passed, the new bill would mark a turning point in Hong Kong’s legal treatment of same-sex couples, potentially laying the groundwork for broader equality in the future.
