Letters | Marriage equality is clearly the best choice for Hong Kong

Readers discuss why the city must recognise same-sex marriage, how this would send the right message about Hong Kong to the world, and shrinking student numbers in schools

Hong Kong courts

Letters

Published: 11:30am, 15 Sep 2023

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We couldn’t agree more with your editorial, “Hong Kong ruling on same-sex couples needs to be respected and applied” (September 8), which eloquently stated: “The government should not adopt a minimalist approach to the framework it must put in place, as this would be likely to lead to yet more legal challenges.”

The landmark decision sends a clear and strong message that same-sex couples deserve to live a dignified life, and their partnerships should be legally recognised and protected. The decision is also a boon to Hong Kong, as it promotes social cohesion and will attract global talent to work and live in the city.

There are numerous options the government can consider in establishing a legal framework for recognising same-sex partnerships, but there is only one that has proved workable.

There is an assumption that we’d have to create something from scratch. For example, people are perplexed by the idea of core rights. We agree with sceptics that the idea of a list of rights is problematic and would likely lead to more litigation. It is certainly not the best approach.

Next, there are people talking about civil unions or civil partnerships. In essence, it involves creating a separate system for same-sex couples.

Internationally, numerous countries experimented with a separate system but eventually found it inadequate. For example, an official report in 2008 declared New Jersey’s civil union law a failure, and the United Kingdom’s parliament passed a same-sex marriage bill in 2013 after having a civil partnership system for same-sex couples for about a decade.

The obvious answer to the task imposed on the government is to embrace marriage equality. The issue is far from controversial – 60 per cent of the Hong Kong population support it, according to a recent survey.

Only marriage equality can provide full security, clarity and dignity to same-sex couples. Marriage is the only possible way to ensure that same-sex couples enjoy the same respect, protection and social meaning as any other family.

Global experience shows that marriage equality is beneficial to society and hurts no one. It is embraced by 34 places around the world, including some which are religious or entrenched in traditional family values, such as Argentina, Cuba and Ireland.

There is no need to reinvent the wheel; the proper solution is in front of us. As stated by Chief Justice Andrew Cheung Kui-nung in the judgment, “it does not follow that there cannot be same-sex marriage in Hong Kong. It is a matter for the government and the legislature”.

It is time for us to tell the world that Hong Kong is not only open for business but also fully embraces equal love.

Jerome Yau, co-founder, Hong Kong Marriage Equality

Show city is back in the business of openness

The Hong Kong government has just been given licence to do the right thing without having to take the blame for it – the top court already did with its recent decision that stops short of recognising same-sex marriage but mandates action to create a legal framework that affords protection for those in same-sex relationships.

I submit humbly that Hong Kong’s chief executive has an opportunity to put his words into action, after going abroad to convey that the city is back in business.

A Hong Kong that’s back in business should go back to being a welcoming city that allows people the freedom to go about their business, albeit always with the provision that they respect the basic institutions of Hong Kong. It is an opportunity to show yet again that Hong Kong doesn’t wait for others, it sets the pace as Asia’s World City.

There is hardly any time to lose when other jurisdictions have already taken significant steps in this regard, possibly leaving Hong Kong in their shadow though the city was once known for openness. In fact, Hong Kong has been having this discussion since at least 2018, when the Legislative Council narrowly voted down a motion to study civil partnerships, and this is a rather opportune time to revive it.

The top court in Hong Kong, not that it seeks any commendation, is yet again showing its impartiality and strict adherence to the rule of law, acting as a true arbitrator in society and yet within social constraints. That should give some pause to those voices seeking to undermine the judiciary.

Jose Alvares, Macau

Can the education system really attract more students?

I refer to your editorial, “Hong Kong cannot afford to fail in education as pupil numbers fall” (September 6).

The declining birth rate and emigration have led to shrinking student numbers. Some officials believe that outreach programmes to attract students from the mainland to Hong Kong are the solution.

But I think the problem should be solved at source. First, Hong Kong should tackle the drop in the fertility rate and implement policies that will encourage people to have children. In addition, we should think about whether Hong Kong’s education system can really attract more students to the city.

Lucia Lam, Kwai Chung