Amnesty International urged Hong Kong government to show progress in establishing an alternative framework to recognize same-sex partnerships, in its statement issued on Thursday. The statement marked one year since the Court of Final Appeal (CFA)’s landmark ruling in Sham Tsz Kit v. Secretary for Justice.
On September 5, 2023, the CFA ruled in the Sham Tsz Kit case that the government has a constitutional duty to provide an alternative legal framework for recognizing same-sex partnerships. The court granted the government a two-year period to implement this framework. However, human rights organizations observe that, despite the ruling, marriage equality continues to be denied. In an interview with DW in April, individuals affected by the ruling said that little had changed since the decision was made.
Sarah Brooks, Amnesty International’s China Director, emphasized the urgent need for legal recognition of same-sex partnerships in Hong Kong, stating:
The absence of a legal framework for same-sex partnerships in Hong Kong means couples face structural discrimination. It is time for the Hong Kong government to provide a transparent update on progress on this framework, including how much of it has been drafted, how they are consulting LGBTI people, and when it will be submitted to the city’s Legislative Council for discussion.
Notably, both the Basic Law and the Hong Kong Bill of Rights (BOR) define marriage as being solely between a man and a woman. While the CFA in Sham Tsz Kit generally agreed with this definition, it also acknowledged the government’s responsibility to protect the right to privacy and family, as guaranteed by BOR 14. This led the court to call for an “alternative framework” to ensure legal recognition of same-sex partnerships. Amnesty International observed that although the ruling fell short of requiring full marriage equality, it established a significant step toward “improving rights and recognition irrespective of sexual orientation.”
According to the CFA’s final order, the framework must be established before October 27, 2025, leaving the government with just over a one year to meet this deadline.
On May 29, Erick Tsang Kwok-wai, Secretary for Constitutional and Mainland Affairs of the Legislative Council, addressed questions related to the legislative progress. He confirmed that the authorities were conducting a detailed study of the mechanism, such as recognition thresholds, eligibility, safeguards against abuses, as well as the rights and obligations arise, including “core rights” and “supplementary rights.” However, he did not give a specific time estimate.
No comments:
Post a Comment