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Hong KongLaw and Crime

Hong Kong authorities allowed to ask for extra time to come up with framework for recognising same-sex partnerships if needed, top court rules

  • Court of Final Appeal grants request by justice secretary for leeway on applying for an extension of time limit on establishing framework
  • City’s highest court last month ruled government had breached Hong Kong Bill of Rights by failing to provide mechanism for legally recognising gay couples

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The government breached the Hong Kong Bill of Rights by failing to provide a mechanism for legally recognising gay couples, the top court ruled. Photo: Felix Wong
Brian Wong

Hong Kong authorities will be allowed to ask for extra time to formulate a framework for recognising same-sex partnerships if they cannot complete the legislative process within the required two years, the city’s top court has ruled.

The Court of Final Appeal on Friday granted a request by the justice secretary for leeway on applying for an extension of the time limit by which the government must establish an official framework to legalise same-sex unions and delineate the rights and obligations of gay couples.

The decision followed a landmark verdict last month in which three of five judges sitting on the city’s highest court found that the government had breached the Hong Kong Bill of Rights by failing to provide a mechanism for legally recognising gay couples.

The court ordered that its declaration be suspended for two years for authorities to come up with an approach.

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Detained activist Jimmy Sham Tsz-kit, who was behind the judicial challenge that led to last month’s ruling, also obtained permission on Friday to make further applications in the future should he deem the government to have failed to comply with the court’s orders.

Sham’s lawyers contended the deadline for the government to meet the court’s requirements should be moved forward by a year.

Activist Jimmy Sham was behind the legal challenge. Photo: Felix Wong
Activist Jimmy Sham was behind the legal challenge. Photo: Felix Wong

They suggested society in general was in favour of recognising same-sex relationships and that the policymaking process should encounter little resistance in the legislature.

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