The proposal drew near-universal criticism from pro-Beijing politicians that dominate Hong Kong’s legislature
[HONG KONG] Hong Kong lawmakers rejected on Wednesday (Sep 10) a Bill that would have granted limited rights to same-sex couples, with the legislature’s conservative pro-Beijing voices prevailing to deal a major blow to the city’s LGBTQ community.
Hong Kong’s government proposed legislation this summer to recognise some rights for same-sex partners, but only for those whose unions are registered abroad.
Despite LGBTQ activists decrying its limitations, the proposal drew near-universal criticism from the pro-Beijing politicians that dominate Hong Kong’s legislature.
The Bill would have granted registered same-sex couples more rights in medical-related matters and after-death arrangements – for example, visiting a partner in hospital or claiming their body after death.
“All of our community feel very disappointed, but I still want everybody to have hope because this is not the endgame,” LGBTQ activist Jimmy Sham told AFP after the vote.
Sham launched a legal bid for Hong Kong to recognise same-sex marriage in 2023, but it was quashed by the city’s top court.
BT in your inbox
Start and end each day with the latest news stories and analyses delivered straight to your inbox.
However, the court ordered the government to create an “alternative framework” for LGBTQ couples – in response to which the government proposed a registration system for couples with unions certified abroad, the subject of Wednesday’s vote.
The Bill “was flawed, but in rejecting it the government has shown an alarming disdain for (LGBTQ) rights”, Amnesty International said on Wednesday.
Advocacy group Hong Kong Marriage Equality said the outcome “sends a troubling signal to both local and international communities – that court rulings may be disregarded and the dignity of individuals overlooked”.
SEE ALSO
The Bill was defeated 14-71 in the 89-member legislature, with one abstention.
“We can see that there are major disagreements among lawmakers, political parties and the general public,” government minister Erick Tsang said afterwards, adding officials would study next steps.
A consulate representative who spoke on condition of anonymity said the legislative outcome was a “missed opportunity for Hong Kong to progress towards more equality for families”.
Passing the Bill could have helped the city in “attracting talents from around the world (and) demonstrating Hong Kong’s commitment to the rule of law”, the representative added.
LGBTQ activists have found some success in the courts over the years, notching incremental wins by challenging discriminatory policies in areas such taxes, public housing and spousal visas.
Nick Infinger, a Hong Konger who previously succeeded in an LGBTQ rights legal bid, said on Wednesday that the community had few other places to turn.
“Judicial review would be the only way that we can fight for our rights… little bit by little bit,” he told AFP.
Hong Kong’s legislature was revamped by Beijing to oust opposition after the Chinese finance hub saw huge and sometimes violent pro-democracy protests in 2019.
Wednesday was the first time the current batch of Hong Kong lawmakers vetoed a government Bill.
Lawmaker Holden Chow, speaking on behalf of the largest pro-Beijing party, said during the legislative session that LGBTQ community needs could have been addressed without passing a law, adding his party did not discriminate against sexual minorities.
Chow said he opposed the Bill as it would “open a Pandora’s box” and would “undermine Hong Kong’s marriage institution”.
Beijing’s office overseeing Hong Kong affairs lauded the vote, writing in a local pro-Beijing newspaper that the city handled the issue “in accordance with law, and in a sound and appropriate manner”.
“We have to be careful that some people with ulterior motives want to start a quarrel and politicise the issue, with an intent to undermine the harmony and stability of Hong Kong society,” it wrote.
In July, authorities gave the public seven days to write in with their views on the proposal.
Of the 10,800 submissions received, 80 per cent were against it, according to the government.
Gender studies scholar Suen Yiu-tung said it was “very problematic” to conclude that 80 per cent of Hong Kong opposed protections for same-sex couples.
That portrayal was “very different” from a 2023 survey that he conducted, with scholars from two other universities, that found 60 per cent of Hong Kongers polled supported same-sex marriage. AFP
