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OpinionLetters

Letters | It’s time Hong Kong legally protected civil partnerships

  • Readers discuss why Hong Kong needs a legal framework for civil partnerships and cohabiting couples, and the reaction in Asia to the passage of Hong Kong’s domestic national security law

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Jimmy Sham poses for a photo with a rainbow flag at the High Court in Admiralty on May 29, 2020. The ruling in Sham’s case was a milestone in Hong Kong’s journey towards recognising civil partnerships. Photo: Felix Wong
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In recent years, the concept of civil partnerships and the rights of cohabiting couples has gained significant attention worldwide. As a global financial hub, Hong Kong has been grappling with the legal recognition of such relationships.

Hong Kong does not formally recognise civil partnerships or provide legal frameworks for cohabiting couples. The city’s legal system primarily focuses on marriage as the sole recognised form of legal partnership, posing challenges for some who choose not to marry or are unable to do so, such as same-sex couples or those with cultural or personal preferences against marriage.

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With the help of the judiciary, Hong Kong can now show some form of recognition for same-sex couples. Over recent years, they have been able to enjoy the same benefits as heterosexual married couples in the realms of employment and taxes, visa sponsorships, inheritance and public housing benefits through previous case law. Cohabiting couples do not enjoy much protection in the above-mentioned areas except for protection against domestic violence.
The case of Jimmy Sham Tsz-kit marked a turning point in Hong Kong’s recognition of civil partnerships. In September last year, the Court of Final Appeal established the need for an alternative legal framework for same-sex couples and the government was given two years to consider implementation.
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The United Kingdom, France, New Zealand and Greece have introduced legal frameworks for civil partnerships, granting similar rights and protections to those enjoyed by married couples. These laws ensure individuals in committed partnerships have legal safeguards.

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