Hong Kong's government has proposed a new system to give same-sex couples a limited set of healthcare-related rights as long as their marriages are registered abroad.
The government is seeking to comply with a landmark court ruling from September 2023 where the city's top judges ruled a framework for recognising same-sex couples' legal rights must be made within two years.
The ruling did not grant full marriage rights to same-sex couples but was a partial victory for prominent pro-democracy and LGBTIQ+ activist Jimmy Sham, who fought a five-year legal battle for the recognition of same-sex marriages registered overseas.
The new laws proposed on Wednesday would allow registration for same-sex adult couples to allow rights around medical decisions, provided consent is given.
These would include rights for hospital visits, sharing medical information, organ donation and dealing with a person's remains.
To be eligible, adult couples must have a valid overseas marriage, civil partnership or civil union, with at least one person a Hong Kong resident.
Mr Sham said the proposal offered a minimal level of protection, especially the stipulation that couples needed to be married abroad.
"I doubt it fully complies with what the judge required," Mr Sham said.
Mr Sham said heterosexual couples were not required to register their marriages overseas to get the recognition locally and questioned why same-sex couples had to do so.
He also suggested that the government allow same-sex couples to enjoy equal prison visiting rights as heterosexual couples.
"I hope the government will listen to opinions from society and the community, and try to develop a solution that doesn't exceed society's acceptance level, while meeting the expectations of same-sex couples and avoiding legal challenges," Mr Sham said.
Same-sex couples cannot get married or register for civil partnerships in Hong Kong, but authorities recognise same-sex marriages registered abroad for taxation, civil service benefits and issues like dependent visas.
Jerome Yau, co-founder of Hong Kong Marriage Equality, said the government document was "very conservative" and "far from acceptable."
"We believe that will create an obvious inequality in the sense of local same-sex couples who are not married overseas won't be eligible to register the relationships. I think that's unfair, and potentially that will lead to further litigation," he said.
The government said its proposals were made after considering the city's actual situation, adding there are different views over the recognition of same sex partnerships and it would have to strike a balance to avoid dividing society.
Lawmakers will discuss the issue on Thursday and there is yet to be a target date for the bill passing.
What about other rights?
Hong Kong reformed its legislation in 2021 so that only those loyal to Beijing can hold office, ousting pro-democracy lawmakers.
Members of the pro-Beijing camp have spoken out against legal recognition of same-sex couples' rights, insisting Hong Kong society only tolerates marriage between a man and a woman.
However last year, LGBTQI+ rights activists notched another legal victory with the top court affirming housing and inheritance rights for same-sex couples.
The policy document released on Wednesday does not mention the topics addressed in the legal cases like rights related to housing, inheritance or taxes.
Support for same-sex marriage in Hong Kong has grown over the past decade and hit 60 per cent in 2023, according to a survey conducted jointly by three universities.
More than 30 countries around the world have legalised marriage equality since the Netherlands became the first to do so in 2001.
In Asia, only a few places including Taiwan, Nepal and Thailand currently allow same-sex unions.
China is not among them, nor does it have specific laws prohibiting discrimination against LGBTQ people.
-ABC with wires
