Legal problems arise in Hong Kong if same-sex couples wed overseas

Is there any legal protection in Hong Kong for same-sex couples who register their marriage overseas?

Although the city enjoys a reputation as an international financial community, our social development is far from advanced. This is particularly the case with sexual minority and gender issues or rights.

A valid marriage is defined as one celebrated in Hong Kong by a man and a woman, each of whom, at the time of the marriage, was not less than 16 years of age and not married to any other person.

This provides a stark contrast to recent developments in England and the US, where same-sex marriages are allowed.

Back in December 2005, the Civil Partnership Act granted civil partners in England and Wales the same legal status as married heterosexual couples in respect of property and pension rights as well as parental responsibility for a partner's children. It also provided a formal process to dissolve civil partnerships, which is akin to divorce.

Further developments can be found in the Marriage (Same Sex Couples) Act, which from December last year legalised same-sex marriage and provided a procedure to celebrate such unions in marriage registries and places of worship, subject to exceptions.