The proposal, detailed in a document to the Legislative Council, is the government’s response to a court order on formulating an official framework to recognise same-sex partnerships following a landmark ruling in 2023.
The administration said it was seeking to implement the new registration mechanism through legislation.
Under the proposal, people who register under this framework will have the right to participate in their partner’s medical affairs.
This means they will be able to make hospital visits, obtain their partner’s medical information, make medical decisions, and donate organs to their partners.
And when their partner dies, they would have the right to handle their affairs, including applying for a death certificate and reclaiming their partner’s body.
To be registered, same-sex couples will need to meet six criteria, one of which is that both parties need to have had their valid same-sex marriage, civil partnership or civil union registered outside Hong Kong.
“There are still different views in society on the legal recognition of same-sex partnerships. We must carefully consider and strike a balance to avoid causing social divisions and affecting social harmony”, the Constitutional and Mainland Bureau said in the Legco paper.
The Court of Final Appeal ruled in September 2023 that the government has a constitutional duty to allow gay couples to register their partnerships, in a case brought by former activist Jimmy Sham who married his male partner in New York in 2013.
Authorities will table a bill to the legislature at a later date.
