By Jasmine Kwong

Hong Kong, 3 October 2025: Authorities in Hong Kong will examine administrative measures to protect the rights of same-sex couples after a bill to recognise such partnerships was rejected by the Legislative Council. The failure of the Registration of Same-sex Partnerships Bill, with 71 out of 86 lawmakers voting against it, was greeted with dismay by the city’s LGBTQ community.

City leader John Lee, who supported the bill, confirmed after the vote that the Constitutional and Mainland Affairs Bureau would look at how to “administratively” protect the rights of such couples, particularly with regard to healthcare and property.

Background

The bill was drafted following a landmark ruling by the Court of Final Appeal in 2023 which declared the government had failed to fulfil its constitutional duty to provide a legal framework for recognising same-sex relationships. The top court suspended its declaration for two years to give the administration time to come up with such a mechanism.

The case was brought by LGBTQ activist Jimmy Sham, who married his partner in the United States in 2013, a union that is not recognised under Hong Kong law. He applied for a judicial review in 2018 for a declaration that local laws were unconstitutional since they recognised foreign heterosexual marriages but not same-sex ones such as his.

Further, at the end of 2024, the CFA unanimously upheld three key judgments granting equal housing and inheritance rights to same-sex couples. In doing so, it dismissed the administration’s appeals which sought to preserve discriminatory and unconstitutional housing policies and intestacy laws.

Opposition to bill

Same-sex union is against the law in Hong Kong, although public surveys show growing support for it. The proposed legislation would have allowed couples with a valid same-sex marriage, partnership or civil union registered in an overseas jurisdiction to have their relationship recognised under a proposed registration mechanism, granting them limited rights but falling short of full marriage equality.

Lawmakers, however, voiced their disquiet, claiming it would upend traditional family values and undermine the institution of heterosexual marriage. Just 14 out of 86 voted in favour, with one abstention.

The government had received 10,775 written submissions in response to the bill. Around 80% of these expressed opposition, although LGBTQ advocacy group Hong Kong Marriage Equality claimed about half of these were based on nine standardised forms and templates, suggesting “mobilisation by specific groups rather than broad-based sentiment”.

LegCo president Andrew Leung insisted his colleagues fully respected court judgments and were committed to upholding the rule of law, adding: “After comprehensively considering all factors, the members voted according to their conscience.”

Next steps

The development of equal rights for sexual minorities in Hong Kong continues to be slow. The LGBTQ community has won recognition of rights in areas such as housing, inheritance, taxation, civil servants’ benefits and the ability to use their preferred gender on identity cards. However, this progress has been achieved through individuals taking legal action, often at great cost.

Bringing matters to the present, the LegCo vote has resulted in an unusual situation. The CFA made it clear that a legislative framework was required before 27 October 2025, something which is highly unlikely to happen. The government says it “respects” the voting result and will not seek an extension of the CFA deadline. Yet in its brief to lawmakers ahead of the bill, it said: “Solely relying on administrative measures or authorisation mechanisms is inadequate to establish a legally recognised and binding mechanism.”

Nevertheless, the authorities are now committed to seeking an administrative solution. How such measures will be drafted and implemented remains to be seen although, without legislative backing, they are likely to be limited in scope. For LGBTQ campaigners, the frustration continues.

Jasmine Kwong is an Associate Solicitor at BC&C, developing her practice in both criminal and civil litigation. She is involved in cases across various areas of law, including fraud recovery claims, contractual disputes, employees’ compensation, personal injury claims, defamation, and matrimonial matters. She can be contacted at jasmine@boasecohencollins.com.