Recognition of same-sex unions in Hong Kong

Hong Kong does not recognise same-sex marriages or civil unions. However, 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 limited legal benefits and rights because of several court decisions. These include the right to apply for a spousal visa, spousal benefits for the partners of government employees, inheritance, and guardianship rights and joint custody of children.

In 2014, an immigration officer named Angus Leung married his same-sex partner, Scott Adams, in New Zealand. Leung tried to update his marital status with the Civil Service Bureau so that Adams could receive spousal benefits, but the Bureau refused. Leung took the case to court, and in 2017, the Hong Kong High Court ruled in his favor, saying the Bureau’s policy was unfair. However, the Hong Kong Government appealed, and in 2018, a higher court ruled against them, saying only opposite-sex couples should have marital 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 spousal benefits as an opposite-sex spouse.

In another case, a British woman named QT sued the Immigration Department because it refused to recognize her civil partnership and 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 faced difficulties after his husband passed away because their relationship wasn’t recognized by law. In 2021, the government agreed to treat surviving same-sex spouses the same as surviving opposite-sex spouses when making arrangements 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 joint custody, shared care, and guardianship rights of 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" took her government to court in June 2018 because they would not let her enter a civil partnership with her female partner. She felt this was unfair and broke her rights. In October 2019, the High Court decided against her, saying it was not their place to decide on same-sex unions.

Sham Tsz Kit v Secretary for Justice

Main article: Sham Tsz Kit v Secretary for Justice

In January 2019, two men challenged Hong Kong's ban on same-sex marriage, saying it was unfair. In September 2020, the High Court ruled against them, saying the government did not have to create 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 upheld the ban but told the government to create a new legal way for same-sex couples to have some rights within 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, the bill was strongly opposed and was voted down, becoming 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 defines marriage as being between one man and one woman. In 2023, the highest court in Hong Kong decided that the government should create 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, but some felt it was unfair that they had to have certain medical procedures first.

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, hoping it would show more kindness and mercy to everyone.

Public opinion

Surveys show that many people in Hong Kong think that 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 and not treated unfairly.

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