The Hong Kong government has proposed a new system to give couples of the same sex a limited series of health care-related rights, as long as their marriages have been registered abroad.
The government tries to comply with a historical decision of the court from September 2023, where the best judges in the city have ruled a framework for recognizing the legal rights of couples of the same sex, must be made within two years.
The ruling did not give full marriage rights to pairs of the same sex, but was a partial victory for prominent pro -democracy and LGBTIQ+ activist Jimmy Sham, who fought a five -year legal struggle for the recognition of marriages registered abroad.
The new laws proposed on Wednesday would allow registration for adult couples of the same sex to allow rights related to medical decisions, provided that permission is given.
These include rights for hospital visits, sharing medical information, organ donation and dealing with the remains of a person.
To be eligible, adult couples must have a valid overseas marriage, civil partnership or bourgeois union, with at least one person a resident of Hong Kong.
Hong Kong’s Pro Democracy activist Jimmy Sham. ((AP: Kanis Leung/File))
Mr Sham said that the proposal offered a minimal level of protection, especially the provision that couples had to get married abroad.
“I doubt that it fully complies with what the judge needed,” said Mr. Sham.
Mr Sham said that heterosexual couples were not obliged to register their marriages abroad to get the recognition locally and wondered why couples of the same sex should do this.
He also suggested that the government allowed couples of the same sex to enjoy equal prison visits as heterosexual couples.
“I hope that the government will listen to opinions of society and the community, and try to develop a solution that does not exceed the acceptance level of society, while the expectations of couples of the same sex are satisfactory and avoid legal challenges,” said Mr Sham.
Couples of the same sex cannot get married or register for civilian partnerships in Hong Kong, but authorities recognize marriages of the same sex that are registered abroad for tax, officials and issues such as dependent visas.
Jerome Yau, co-founder of the equality of Hong Kong, said that the government document was “very conservative” and “far from acceptable”.
“We believe that this will create clear inequality in the sense of local couples of the same sex that are not married abroad, are not eligible to register the relationships. I think that is unfair, and that may lead to further lawsuits,” he said.
The government said its proposals were made after considering the actual situation of the city, adding that there are different views on the recognition of partnerships of the same sex and that it should find a balance to prevent society.
The legislators will discuss the issue on Thursday and there must still be a target date for the bill.
What about other rights?
Hong Kong reformed his legislation in 2021, so that only those who are loyal to Beijing can cover and can expel pro-democracy of laws.
Members of the Pro-Beijing-Kamp have expressed themselves against legal recognition of the rights of couples of the same sex, and insists that Hong Kong Society only tolerates marriage between a man and a woman.
Last year, however, LGBTQI+ law activists achieved a different legal victory with the top court that confirm housing and inheritance rights for couples of the same sex.
Nick Infinger na Hong’s Top Court Rules in favor of equal housing and inheritance rights for couples of the same sex in November 2024. ((Reuters: Joyce Zhou))
The policy document released on Wednesday does not state the subjects dealt with in the legal cases such as rights with regard to housing, inheritance or taxes.
Support for same -sex marriage in Hong Kong has grown over the past decade and was 60 percent in 2023, according to a study that was carried out together by three universities.
More than 30 countries around the world have legalized the equality of marriage since the Netherlands became the first to do this in 2001.
In Asia, only a few places, including Taiwan, Nepal and Thailand, are currently in charge of the same sex unions.
China is not theirs, nor has the specific laws that prohibit discrimination against LGBTQ people.
-ABC with wires
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