Same-sex partnership law faces LegCo pushback
發佈日期: 2025-07-04 19:53
TVB News
The government has proposed a legal framework for a registration system for same-sex civil partnerships in response to a Court of Final Appeal ruling.
But the proposal has been met with objections from major political parties.
The contention began from a judicial review over whether same-sex couples have the constitutional right to marriage.
In 2023, the Court of Final Appeal ruled that the Basic Law only guarantees marriage between a man and a woman.
But the court found the government had failed to fulfil its obligation to provide an alternative legal framework for same-sex relationships, and "ordered" the government to iron out the framework by October.
Three months ahead of the deadline, the government proposed a civil partnership registration scheme that would grant same-sex couples rights related to medical decisions and end-of-life arrangements.
However, the proposal was met with strong opposition during LegCo debates.
Legal academic and lawmaker Priscilla Leung argues the judiciary should not dictate the actions of the executive and legislative branches.
Leung said marriage-related rights involve major policy-making decisions so it should be up to the government to decide whether or not, and when to introduce changes.
She also questions whether the society is ready for the change. She said it should not be a few judges who impose a timetable requiring the government or the legislature to act within two years.
Senior counsel and Executive Council member Ronny Tong, meanwhile, said even if the bill is disapproved by Legco, the situation reflects the checks and balances among the city's three branches of power.
Tong says the court ruling requires the government to propose a framework within two years, but the court cannot force LegCo to pass it within that timeframe.
Urging lawmakers not to overreact, Tong adds that the registration mechanism is merely a support framework to help these individuals better integrate into society and it does not affect marital status, asset arrangements or even taxation.
On that, Priscilla Leung expressed concerns that establishing a same-sex partnership system could undermine the principle of monogamy.
