Recognition of same-sex unions in Hong Kong

On 5 September 2023, the Hong Kong Court of Final Appeal ordered the government in Sham Tsz Kit v Secretary for Justice to introduce a legal framework allowing same-sex civil unions.

Following the wedding, Leung attempted to update his marital status with the Civil Service Bureau, whose policy states that officers' partners can receive spousal benefits, which includes medical care and joint tax assessment.

"[10] A British woman (referred to as "QT") sued the Immigration Department after it refused to recognise her civil partnership and grant her a dependant visa.

Chief Judge Andrew Cheung wrote that "times have changed and an increasing number of people are no longer prepared to accept the status quo without critical thought".

[17] The Court of Final Appeal handed down its ruling on 4 July 2018, finding in favour of the plaintiff and mandating immigration authorities to grant same-sex partners spousal visas that were previously only available to heterosexual couples.

[18] The panel of judges, led by Chief Justice Geoffrey Ma Tao-li, held that the "policy [of not granting a visa] is counterproductive and plainly not rationally connected to advancing [any] 'talent' aim" and rejected the Director's argument that same-sex unions differed from marriage, saying it was based on a "shaky foundation [and]...hardly satisfactory".

[19] In September 2020, the Hong Kong High Court ruled that same-sex couples should receive equal treatment under inheritance law.

Judge Anderson Chow Ka-ming ruled in Ng Hon Lam Edgar v Secretary for Justice that the policy was "unlawful discrimination".

In view of this, the Applicant is filing this judicial review in order to continue his husband's legacy in pursuing LGBT+ equality in Hong Kong", a statement accompanying the case read.

[22] In May 2021, the Court of First Instance ruled in favor of equal parental rights for lesbian couples in S v KG (also known as AA v BB).

[24] Arguing that her rights to privacy and equality had been violated, amounting to a breach of the Basic Law and the Bill of Rights Ordinance, a woman, known as "MK", filed MK v Government of HKSAR in court in June 2018, challenging the government's refusal to allow her to enter into a civil partnership with her female partner.

[25][26][27] In April 2019, a judge rejected a bid by the Roman Catholic Diocese of Hong Kong and conservative groups to intervene in the litigation.

[34] On 18 September 2020, the High Court ruled against a case, Sham Tsz Kit v Secretary for Justice, seeking to recognise foreign same-sex marriages.

The court held that the government did not have a positive obligation to provide an alternative legal framework to marriage such as civil unions or registered partnerships, and that denying same-sex couples the right to marry in Hong Kong was not unconstitutional.

[42] In December 2017, a South China Morning Post editorial expressed support for the legalisation of same-sex marriage in Hong Kong, calling on the government to show a greater commitment to equality.

[45][46] In May 2019, the chairman of the Equal Opportunities Commission, Ricky Chu Man-kin, expressed support for a step-by-step approach, beginning with a law banning discrimination on the basis of sexual orientation in employment, housing and other areas.

Chu said he would not push for a legislative timetable on same-sex marriage, but urged the community to "change tack" in favour of a pragmatic step-by-step approach to break the "eternal stalemate" in the city's fight for LGBT rights, "Instead of focusing on abstract and ideological debates that we can never easily come to an agreement on, let's make small progress in tackling discrimination at the workplace, schools and public facilities".

[48][49] In June 2024, ten same-sex couples were married in Kowloon alongside family and friends, though the marriages lack legal recognition in Hong Kong.

[53] The Roman Catholic Diocese of Hong Kong released a statement on 23 December that the declaration "is not only rooted in biblical tradition and Church teaching, but also highlights Pope Francis' keen pastoral instincts.

[56] An August 2022 poll conducted by the Hong Kong Public Opinion Research Institute found that 86% Hongkongers aged 18 to 40 thought that people from the LGBT community "should be treated fairly and should not be discriminated against".

[2] A June–September 2023 Pew Research Center poll showed that 58% of Hongkongers supported same-sex marriage, while 40% opposed and 2% were undecided or had refused to answer.