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Hong Kong authorities have ‘ongoing legal duty’ to fulfil same-sex couples ruling

Government earlier proposed legislation related to same-sex couples in response to 2023 court ruling, but faces strong Legco opposition

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The proposal is the government’s answer to a 2023 ruling from the Court of Final Appeal, which gave authorities two years to draw up laws setting out “core rights” for same-sex couples, but did not outline what they might be. Photo: Getty Images

Hong Kong authorities have an “ongoing legal duty” to fulfil their responsibilities related to same-sex relationships in response to a landmark court ruling, even if the legislature rejects a proposal to establish a recognition framework, the government has said.

The government said on Wednesday that the judiciary had not and would not give any direct orders to either the executive or the legislature about fulfilling the requirements of the ruling.

Authorities also argued that the proposal considered the judiciary’s requirements and public sentiment.

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The proposal is the government's answer to a 2023 ruling from the Court of Final Appeal, which gave authorities two years to draw up laws setting out “core rights” for same-sex couples, but did not outline what they might be.

A source told the Post that the government would apply to the court for an extension in fulfilling the ruling, as the deadline of October 27 was drawing near.

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If passed, the proposal would allow same-sex couples to apply to have their relationship recognised in Hong Kong if they are already registered in another jurisdiction.

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