My Take | Time to remove the differences in how Hong Kong treats same-sex relationships

The debate over the status of same-sex relationships in Hong Kong sometimes takes the form of pride versus prejudice, an emotional clash between members of the LGBTQ community and their opponents. The bigger picture is often overlooked.

Matters came to a head last September when the city’s lawmakers voted down a government bill which would have provided a framework for the recognition of people in such relationships, subject to certain conditions. A scheme of this kind is required by a judgment of the top court. But legislators argued there was no consensus on the issue in society.

The government said it would explore how to uphold the rights of same-sex couples through administrative means. It is not clear how this will be achieved.

Now that the dust has settled, consideration should be given to the broader approach adopted in Hong Kong to the recognition of relationships. This applies not only to same-sex couples but also to those in opposite-sex relationships such as civil partnerships formed outside Hong Kong or unmarried cohabitees. There is much work to be done.

The lack of legal recognition of these “alternative relationships” in most areas of law and policy creates a catalogue of inconsistencies, uncertainties and anomalies.

A comprehensive report this month by global law firm A&O Shearman, commissioned by the Gender Studies Programme at the Chinese University of Hong Kong, shone the spotlight on the problem. The study, which included analysis of 165 ordinances and subsidiary legislation, revealed differential treatment for those in alternative relationships resulting from legal provisions or government policies in 21 key areas. The findings deserve attention.