Hong Kong: Pro-establishment legislature divided over the Same-sex Partners Bill

One lawmaker describes the bill a Pandora’s box, another suggests Beijing to override top court's decision

Originally published on Global Voices

Performance artist Holok Chen and an activist outside the Cotton Tree Drive Marriage Registry on July 28, 2025. Photo by Kyle Lam/HKFP. Used with permission.

This report was written by Hillary Leung and published in Hong Kong Free Press on August 3, 2025. The following edited version is published as part of a content partnership agreement with Global Voices.

A government-proposed framework to register same-sex partnerships has attracted unprecedented controversy in Hong Kong’s opposition-free legislature.

Many lawmakers claim the Registration of Same-sex Partnerships Bill erodes the institution of traditional marriage. LGBTQ+ activists, meanwhile, criticise the bill for not offering enough protection, but also see it as a small step forward and are urging the Legislative Council (LegCo) to pass it.

In an apparent appeal to the legislature, Chief Executive John Lee, who has backed the bill, said that violating the top court’s ruling, which ordered the government to come up with a framework, “will bring serious consequences.”

This article explains what the framework is, the reactions it has provoked, and what might happen if the bill does not receive a majority vote from legislators to become law.

What is the government proposing?

The government has proposed a mechanism for same-sex couples to register their partnerships. Registration is limited to those who already have a marriage or a civil union outside of Hong Kong. They must have reached the age of 18, and at least one person in the couple must be a Hong Kong resident.

Authorities have made clear that a same-sex partnership is not equivalent to marriage, and the proposed framework will not allow same-sex couples to marry in Hong Kong.

Same-sex partnership registrations will be overseen by the Constitutional and Mainland Affairs Bureau, distinguishing them from marriage registrations, which fall under the purview of the Immigration Department.

The authorities have said that the framework “will not compromise the government’s established position on upholding the monogamous and heterosexual marriage system.”

What is included in the bill?

The bill gives only limited rights to same-sex couples. A locally registered partnership would allow couples to handle their partner’s medical matters and after-death arrangements.

For example, they can visit their partner in hospitals and make medical decisions for a partner who is mentally incapacitated. If their partner dies, they can identify their body at a mortuary and arrange the funeral and cremation.

However, they will not be allowed to marry in Hong Kong or be entitled to certain rights that spouses have, like adopting a child as a couple or visiting their partner in prison.

Why now?

In September 2023, the Court of Final Appeal (CFA) ruled that the government must establish a framework for registering same-sex partnerships, stopping short of recognising same-sex marriage.

The case stemmed from a judicial review by pro-democracy activist Jimmy Sham, who married his partner in New York in 2013 and challenged local authorities’ lack of recognition of their union.

The top court gave the government two years — the deadline is October 27 — to fulfil the obligation ordered by the court.

The government has not made any known efforts to engage LGBTQ+ groups over the past two years despite activists’ attempts to reach out.

The only public consultation took place in late July. Members of the public were invited to send written submissions to lawmakers and the government, but they had just one week to do so.

LGBTQ+ groups said they hoped the Legislative Council would hold public hearings, allowing members of the public to present their views to lawmakers during the bills committee meetings.

However, during the first bill meeting on July 23, chairperson Brave Chan’s suggestion to skip public hearings in favour of written submissions, citing a lack of time, was not met with any opposition from lawmakers.

How have LGBTQ+ activists reacted to the bill?

LGBTQ+ activists say the bill does not go far enough to protect same-sex partnerships. They criticised the requirement that couples must have their partnerships registered abroad first, saying this could pose a financial burden or barrier for some.

Nevertheless, they believe the framework is better than nothing and could provide useful information on the LGBTQ+ community. Registration statistics, for example, could for the first time provide an official count of the number of long-term same-sex partners in Hong Kong.

Before the written submissions deadline, activists urged the public to respond to the call for submissions and lawmakers to support the bill. Sham himself created a petition allowing signers to directly email their submissions, while some NGOs, as well as the LGBTQ+ advocacy media platform G Dot TV, separately created templates for the public to fill in.

Sham told HKFP his petition received 1,016 signatures.

Four LGBTQ+ groups — Hong Kong Marriage Equality, Dear Family, Pink Alliance and Covenant of the Rainbow — also launched a joint petition to collect signatures.

Performance artist Holok Chen staged two events to advocate for support for the government’s bill and call out lawmakers for “homophobic slurs.”

In an act called “Cry Me a Rainbow,” Chen, who identifies as non-binary, wore a rainbow cape and posed crying outside the Legislative Council building on July 25, on the second day of the bill committee meeting.

A few days later, on Monday, they and an unnamed activist stood outside the Cotton Tree Drive Marriage Registry, dressed as monsters to symbolise the way Chen said lawmakers had “demonised” the LGBTQ+ community.

Chen’s street performances were a rare display of public action amidst the dwindling space for civic advocacy in the wake of the Beijing-imposed national security law in 2020.

What’s been said in the written submissions?

It is unclear how many written submissions have been received. However, as of July 31, over 10,000 had been uploaded to the LegCo website. All written submissions are made public unless the writer requests privacy.

Some who sent in their responses identified as members of the LGBTQ+ community. One writer, Ms Lo — a bisexual woman — said the proposed framework could erase the stigma faced by same-sex couples and allow the public to see that they are no different from heterosexual couples.