Hong Kong must provide an alternative to marriage in order to legally recognise the rights of same-sex couples, the city’s highest court has declared, opening the way for civil unions.

However, it rejected appeals against current laws which restrict marriage to heterosexual couples and refuse to recognise overseas same-sex marriages, despite majority support among the population.

The ruling said Hong Kong’s government was “in violation of its positive obligations” under the bill of rights to provide a legal framework to recognise same-sex couples outside the institution of marriage, and gave it two years to establish a system.

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    Hong Kong must provide an alternative to marriage in order to legally recognise the rights of same-sex couples, the city’s highest court has declared, opening the way for civil unions.

    The ruling said Hong Kong’s government was “in violation of its positive obligations” under the bill of rights to provide a legal framework to recognise same-sex couples outside the institution of marriage, and gave it two years to establish a system.

    The court challenge was lodged in 2018 by LGBTQ+ rights and pro-democracy activist Jimmy Sham Tsz-kit, who had argued Hong Kong should legally recognise his and his husband’s marriage, which took place in New York five years earlier.

    On Tuesday, the court’s panel of judges were unanimous in upholding the current laws which restrict marriage to heterosexual couples, and which do not recognise overseas same-sex unions.

    Recent polling has found support for same-sex marriage has grown from 38% to more than 60% in a decade, however activism of any kind has become increasingly difficult under the government’s security crackdown after the 2018 pro-democracy protests.

    Leung urged to government to note the popular support of same-sex marriage, and “work proactively with stakeholders to formulate a robust legal framework … as soon as practicable”.


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