Recognition of same-sex unions in Hong Kong

Recognition of same-sex unions in Hong Kong

Hong Kong does not recognise same-sex marriages or civil unions. But same-sex couples have some legal rights because of court decisions. These rights include applying for a spousal visa, getting spousal benefits if one partner works for the government, and having rights to care for and make decisions about children together.

On 5 September 2023, the Hong Kong Court of Final Appeal decided that the government needed to create rules allowing same-sex civil unions. This was part of a case called Sham Tsz Kit v Secretary for Justice.

Support for allowing same-sex marriages is growing in Hong Kong. A survey in 2023 found that about 60% of people in Hong Kong thought same-sex marriages should be allowed. This shows that more people are beginning to think that same-sex couples should have the same rights as married couples.

Immigration, tax and inheritance rights

Same-sex couples in Hong Kong have some legal benefits because of court decisions. These include the right to apply for a spousal visa, spousal benefits for government employees, inheritance, and rights to care for children together.

In 2014, an immigration officer named Angus Leung married his same-sex partner, Scott Adams, in New Zealand. Leung asked the Civil Service Bureau to update his marital status so Adams could receive spousal benefits, but they said no. Leung went to court. In 2017, the Hong Kong High Court said the Bureau’s rule was unfair. But the Hong Kong Government disagreed and took the case higher. In 2018, a higher court said only opposite-sex couples should have these rights. Leung and Adams took their case even higher, and in 2019, the Court of Final Appeal ruled that the same-sex spouse of a government employee should receive the same benefits as an opposite-sex spouse.

In another case, a British woman named QT sued the Immigration Department because it would not recognize her civil partnership or give her a dependant visa. In 2018, the Court of Final Appeal ruled in her favor, saying the government must grant same-sex partners spousal visas.

In 2020, the Hong Kong High Court ruled that same-sex couples should be treated equally under inheritance law. A man named Henry Li had trouble after his husband died because their relationship was not recognized by law. In 2021, the government agreed to treat surviving same-sex spouses the same as surviving opposite-sex spouses when making plans after a partner’s passing.

Also in 2021, a court ruled that lesbian couples should have equal parental rights. The court decided that the non-biological mother should have the right to care for and make decisions for her children, even though she wasn’t legally recognized as the children’s mother.

Civil partnerships

Court cases

MK v Government of HKSAR

A woman named "MK" went to court in June 2018 because the government would not let her and her female partner enter a civil partnership. She thought this was unfair and hurt her rights. In October 2019, the High Court said it was not their job to decide about same-sex unions.

Sham Tsz Kit v Secretary for Justice

Main article: Sham Tsz Kit v Secretary for Justice

In January 2019, two men said Hong Kong's ban on same-sex marriage was unfair. In September 2020, the High Court said the government did not have to make an alternative to marriage. In August 2022, a higher court agreed. But in November 2022, they were allowed to take their case to the highest court. On 5 September 2023, the highest court kept the ban but told the government to make a new legal way for same-sex couples to have some rights in two years.

Legislative action

In November 2018, a councilor suggested studying civil unions for same-sex couples, but it was voted down.

Registration of Same-sex Partnerships Bill 2025

Main article: Registration of Same-sex Partnerships Bill

The government introduced a bill in 2025 to give limited legal rights to same-sex partnerships done outside Hong Kong. However, many people opposed it, and it was voted down. This was the first government bill to fail since changes in 2021.

Same-sex marriage

Background

In Hong Kong, same-sex marriages are not legally recognized. This is because the law says marriage is between one man and one woman. In 2023, the highest court in Hong Kong said the government should find a way for same-sex couples to have some legal rights together, like getting a spousal visa or benefits.

W v Registrar of Marriages

In 2008, a transgender woman named “W” wanted to marry her fiancé, but the government said no because her birth certificate still said she was male. She took her case to court and, in 2013, the highest court said she could marry because she was recognized as a woman. However, the government was given time to change the law. By 2014, transgender people were allowed to marry.

Religious performance

The Catholic Church does not support same-sex marriages and does not allow priests to perform them. In late 2023, the leader of the Catholic Church allowed priests to bless couples who are not married in the traditional sense, including same-sex couples. The Catholic Church in Hong Kong supported this decision.

Public opinion

Surveys show that many people in Hong Kong believe everyone, including those in the LGBT community, should be treated fairly.

In 2014, a survey found that most people supported giving same-sex couples some benefits like marriage. In 2017, about half of people supported same-sex marriage. By 2022, most young people aged 18 to 40 thought people from the LGBT community should be treated fairly.

In 2023, a survey showed that 60% of people in Hong Kong supported same-sex marriage. Support was higher among younger people and women.