Amnesty International has called on the Hong Kong government to demonstrate tangible progress in establishing an alternative legal framework to recognize same-sex partnerships. This comes a year after the Court of Final Appeal’s (CFA) landmark ruling in Sham Tsz Kit v. Secretary for Justice, which mandated the government to create such a framework within two years [Amnesty International](https://www.amnesty.org/en/latest/news/2024/09/hong-kong-government-must-show-progress-on-same-sex-partnership-legislation-after-landmark-ruling/#:~:text=September%205%2C%202024-,Hong%20Kong%3A%20Government%20must%20show%20progress%20on%20same%2Dsex,partnership%20legislation%20after%20landmark%20ruling&text=One%20year%20after%20a%20landmark,city%2C%20Amnesty%20International%20said%20today.).
On September 5, 2023, the CFA ruled in the Sham Tsz Kit case that the government has a constitutional duty to provide an alternative legal framework for recognizing same-sex partnerships. Despite this ruling, human rights organizations observe that marriage equality continues to be denied. During an interview in April, individuals affected by the ruling noted that little had changed since the decision was made said in an interview with DW.
Sarah Brooks, Amnesty International’s China Director, emphasized the need for urgent legal recognition of same-sex partnerships, stating: “The absence of a legal framework for same-sex partnerships in Hong Kong means couples face structural discrimination. It is time for the Hong Kong government to provide a transparent update on progress on this framework, including how much of it has been drafted, how they are consulting LGBTI people, and when it will be submitted to the city’s Legislative Council for discussion.”
Notably, the Basic Law and the Hong Kong Bill of Rights (BOR) define marriage as being between a man and a woman. While the CFA in Sham Tsz Kit agreed with this definition, it also acknowledged the government’s responsibility to protect the right to privacy and family, as guaranteed by BOR 14. This led the court to call for an “alternative framework” to ensure legal recognition of same-sex partnerships. Amnesty International noted that while the ruling did not require full marriage equality, it represented a step toward “improving rights and recognition irrespective of sexual orientation.”
According to the CFA’s final order, the framework must be established before October 27, 2025, giving the government just over a year to meet this deadline. On May 29, Erick Tsang Kwok-wai, Secretary for Constitutional and Mainland Affairs of the Legislative Council, addressed questions related to the legislative progress, stating that authorities were conducting a detailed study of the mechanism, including recognition thresholds, eligibility, and the rights and obligations involved. However, he did not provide a specific timeline for completing these measures.