Lawmakers in Hong Kong on Wednesday overwhelmingly rejected a bill that would have extended limited legal rights to same-sex couples.

The New York Times notes 71 of the Legislative Council’s 89 members voted against the measure that would have allowed same-sex couples who either legally married or entered into a civil union overseas to register their partnerships in Hong Kong. The measure, among other things, would have allowed registered same-sex partners to make medical decisions on each other’s behalf.

The Hong Kong Court of Appeal in September 2023 ordered the government to establish a system through which same-sex couples can legally register their partnerships.

The Washington Blade previously reported Jimmy Sham, a pro-democracy activist who married his partner in the U.S. more than a decade ago, challenged Hong Kong’s refusal to recognize his marriage. The Court of Appeal gave the territory’s government an Oct. 27 deadline to act.

An activist with whom the Blade spoke last month said Beijing is “unlikely to interfere.”

Same-sex couples can legally marry in Taiwan, Nepal, and Thailand. Several Japanese courts in recent years have ruled the country’s ban on same-sex marriage is unconstitutional.

The Hong Kong government’s proposal to create a legal framework for registering same-sex partnerships has sparked unusual controversy in the territory’s opposition-free legislature. 

The debate follows a September 2023 Court of Final Appeal ruling, which ordered the government to establish such a system but stopped short of recognizing same-sex marriage.

The government in July published the Registration of Same-Sex Partnerships Bill and introduced it for a first reading in the Legislative Council, where a committee is now reviewing it. Chief Executive John Lee has urged lawmakers to support the measure to comply with a court order, but more than half of legislators have indicated they will oppose or abstain.

Under the proposal, only same-sex couples who are already married or in a civil union overseas would be eligible to register their partnerships in Hong Kong. Applicants must be at least 18-years-old, and one partner must hold residency in the city. Officials have emphasized the arrangement would not be equivalent to marriage and would not permit same-sex couples to wed in Hong Kong.

The Constitutional and Mainland Affairs Bureau would oversee the registration process, separating it from marriage registrations, which the Immigration Department handles. The government has stressed the framework “will not compromise the established position on upholding monogamous and heterosexual marriage.”

The bill would only grant same-sex couples limited rights. 

A registered partnership would allow a partner to make medical decisions if the other becomes incapacitated. A partner would also be allowed to arrange post-death matters — including identifying the body, organizing a funeral, or authorizing cremation. The registry would allow registered partners to visit each other in the hospital. They would not, however, gain joint adoption, prison visitation or marriage rights afforded to heterosexual spouses.

The case originated from Jimmy Sham, a pro-democracy activist who married his partner in New York in 2013 and challenged Hong Kong’s refusal to recognize their union as discriminatory.

The Court of Final Appeal gave the government two years — with an Oct. 27 deadline — to establish a registry. Activists say authorities have shown no visible effort to engage with the LGBTQ community during that period, despite their outreach attempts.

The only public consultation occurred in late July, when residents were invited to submit written opinions to lawmakers and the government. The window for submissions lasted just one week.

Researchers from the Chinese University of Hong Kong’s Sexualities Research Program in January released the results of a survey of 908 LGBTQ respondents, recruited through community groups and social media. Nearly half reported being in a same-sex relationship, and among them, 69.5 percent said they wanted to marry their partner, while only 2.8 percent said they did not. 

The findings, noted by Sean Hau, co-founder of the advocacy group Dear Family, Hong Kong, highlight the gap between community aspirations and the government’s proposed framework.

Hau pointed to legislator Paul Tse’s remarks at a July 3 panel meeting, where Tse noted Beijing had not expressed any stance on the partnership bill, leaving lawmakers to decide independently. Hau said subsequent reports underscored divisions within the pro-establishment camp. 

Citing Ming Pao, a Chinese language newspaper, Hau noted about one-third of legislators had not publicly declared a position, with some privately opposed but unwilling to say so, and others supportive but silent given the sensitivity of the issue. Hau added several lawmakers described backing the bill in an election year as politically risky, though some said they would still vote according to their principles.

“The current stance of the Legislative Council does not appear to accurately reflect the public sentiment in Hong Kong,” said Hau.

A 2023 joint research report that the University of Hong Kong’s Center for Comparative and Public Law, the Chinese University of Hong Kong’s Sexualities Research Program, and the University of North Carolina School of Law found 60 percent of Hong Kongers support marriage equality. Twenty-three percent of Hong Kongers are neutral, and only 17 percent of them oppose marriage equality.

“This report, which tracks a decade of research, indicates a significant and positive evolution in public opinion on the rights of same-sex partners over the past 10 years,” said Hau.

Hau noted the city’s LGBTQ movement has a history of public advocacy, beginning with the first International Day Against Homophobia, Biphobia and Transphobia march in 2005 and the inaugural Pride parade in 2008. He said sustained civil society efforts have since broadened public understanding and acceptance. 

Hong Kong in 2012 saw its first openly gay politician — also the first across mainland China, Hong Kong, Macau, and Taiwan — as well as several openly gay singers. Hau described this fact as significant progress within the Asian context. 

“It is disheartening to witness recent setbacks in Hong Kong,” he said.

Pink Dot, an LGBTQ event that originates from Singapore, had to cancel its 11th event this year after it took place for a decade.

Organizers said that after applying to reserve a venue at the West Kowloon Cultural District early in the year, they suddenly learned it was “unable to be rented out” with no reason. Hua said they had to cancel the event because they could not find an alternate venue.

“Looking back, Hong Kong decriminalized same-sex sexual conduct as early as 1991. It is a somber irony that an event that continues to be held in Singapore, which only decriminalized same-sex conduct in 2022, can no longer take place in Hong Kong,” he said. ”Looking ahead, we share the uncertainty expressed by the Pink Dot organizing committee in their statement, and can only hope, as they do, that we will be able to “meet again under another pink sky” in the near future.”

A prominent Chinese LGBTQ activist, speaking to the Washington Blade on condition of anonymity, said some Hong Kong legislators invoke “traditional Chinese values” in opposing marriage equality, yet historical records show same-sex relationships in Chinese culture, from Emperor Han Wudi and his male companion to the King of Wei during the Warring States period.

“In these stories, same-sex love was not stigmatized but even described in romantic terms. So what truly are ‘traditional Chinese values’? I believe they are tolerance, respect, harmony, and love. Same-sex marriage is entirely consistent with these values,” said the activist, who noted surveys indicate more than half of Hong Kongers support anti-discrimination protections for sexual minorities. 

“People in Hong Kong generally respect the right of loving couples to live together,” added the activist. “Ironically, it is the refusal of some legislators to recognize same-sex partnerships that deepens the risk of discrimination.”

The activist told the Blade that granting same-sex couples the ability to care for one another, build a household, and share the same rights as heterosexual couples is not a “special right,” but rather a basic necessity of life.

“As an international metropolis, Hong Kong strengthens its global image by protecting the rights of minority groups,” said the activist. “This inclusiveness is not only about human dignity, it also helps attract talent and supports the city’s long-term economic development.”

Beijing ‘unlikely to interfere’

The activist acknowledged some may worry about whether Beijing will thwart Hong Kong’s move towards relationship recognition. The activist said Beijing is “unlikely to interfere.”

“For China, it is important to have at least one city where the possibility of equal rights for same-sex couples can be explored,” said the activist. “As a Special Administrative Region, Hong Kong’s courts have already ruled that the government must introduce legislation to protect same-sex couple’s rights. The government is legally bound to follow that ruling — this is exactly in line with China’s principle of ‘Rule of law.’ In fact, Hong Kong’s attempt can provide valuable experience for China’s own future decisions on this issue.”