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SCMP Editorial

Editorial | Balance on same-sex couples can make Hong Kong even more inclusive

Lawmakers’ rejection of the administration’s bill cannot be the end of the affair. The government must find other ways to fulfil its constitutional duty

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Hong Kong’s top court requires the establishment of a legal framework for the recognition of same-sex relationships by October 27. Photo: Getty
The ruling by Hong Kong’s top court, requiring the establishment of a legal framework for the recognition of same-sex relationships, was a landmark judgment in every sense. It promised to open a new chapter for the city in which the basic rights of such couples would be better protected. The Court of Final Appeal delivered its decision in 2023 and gave the government two years to put a scheme in place. The deadline is October 27.
Hopes of implementing the ruling through new legislation were shattered when lawmakers, citing concerns that traditional family values would be undermined, rejected the administration’s bill. There is little, if any, chance of it being passed soon.

But that cannot be the end of the affair. The government has a responsibility to comply with the court judgment. It must work with the Department of Justice and other stakeholders to try to find a solution. The executive, judiciary and legislature have all played their part in the process, exercising their different roles under the rule of law. The decisions of the court and Legislative Council must be respected. Both opponents of the bill and its supporters claimed to have the backing of public opinion. The issue is controversial and gives rise to strong feelings in society. The lack of a consensus clearly influenced lawmakers.

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In such circumstances, it is unrealistic to expect the proposed legal amendments to be made before the court’s deadline. The government says it does not intend to seek an extension from the judges. So it must press on with efforts to fulfil its constitutional duty, providing same-sex couples with recognition and the protection of their core rights.

Hong Kong is an inclusive and diverse society in which equal treatment is due to everyone, whatever their ethnicity, background, family status, gender, sexual orientation or religious beliefs. We trust the government will take care to ensure the rights of different groups in the community are safeguarded. A way forward must be found in respect of same-sex couples. It is likely to take time and requires calm, rational debate. In the absence of new laws, the government must seek alternative ways of protecting their rights, such as by ensuring individuals can visit their same-sex partners in hospital.

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Steps need to be taken to ensure practices adopted in both the public and private sectors do not discriminate. The government can set a good example. Hong Kong faces many pressing economic and livelihood issues, having entered a new stage of development. We hope and trust the government will continue to strike a fair balance in handling difficult issues, including in the controversial area of same-sex rights, to make the city more inclusive.

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