The Future of LGBTQ+ Partnership Rights in Hong Kong (October 2025)

Author: Jasmine Wong

Although the Second Reading of the Registration of Same-sex Partnerships Bill was voted down by the Legislative Council (LegCo) on 10 September 2025 – with only 14 votes in favour, 71 votes against and one vote abstaining – it tells only half the story. Beyond the political chamber, quiet but steady progress has been developing in Hong Kong’s courtrooms, one that appears to be in growing alignment with the will of the people, especially the younger generation. For over a decade, the judiciary has been methodically building a body of case law that affirms the rights of same-sex couples, creating a stark contrast between legal progress, shifting public attitudes, and legislative stagnation. 

This judicial journey has not been a single leap, but a series of deliberate steps, each building upon the last to cumulatively reduce systemic inequality. As our former Associate Solicitor, Erica So, noted in her January update, the community has been in a "wait-and-see" mode regarding the government's court-ordered framework. The recent LegCo vote has now answered that question, making the judiciary's role more critical than ever. 

The Hong Kong Public’s view on LGBTQ+ Rights 

This judicial activism coincides with a marked shift in the court of public opinion. A landmark longitudinal study led by professors from HKU, CUHK, and the University of North Carolina reveals that support for same-sex marriage in Hong Kong has risen to 60% in 2023, a significant jump from 50.4% in 2017 and 38% in 2013. Perhaps even more tellingly, 71% of the public now supports legislation against sexual orientation discrimination, with a remarkably small 6% in opposition. 

This trend is even more pronounced among younger Hongkongers. A recent survey commissioned by Pink Alliance found that 75% of residents aged 18 to 40 believe same-sex marriage should be allowed, with 86% agreeing that LGBTQ+ people deserve fair and equal treatment. As Professor Holning Lau, one of the report's authors, noted, these shifts occurred against a backdrop of progressive court rulings and increased global recognition of LGBTQ+ rights. This data reveals a profound and growing generational disconnect while the legislature clings to a traditional conservative view, the judiciary, the general public, and the city's future are moving decisively toward a more inclusive vision. 

Rights the Same-sex Partnerships Bill Would Have Granted 

The defeated Bill, while limited, represented the government's first attempt to create a structured system of recognition. Had it passed, it would have granted same-sex couples a foundational legal status through a government-issued "same-sex partnership (registration) certificate". This was not about creating new rights, but about plugging this status into existing laws, enabling same-sex couples to gain some of the same benefits granted to heterosexual couples. Crucially, it would have provided rights in critical, vulnerable scenarios where court rulings have not yet reached: the ability for a partner to be a permissible organ donor, the right to be consulted on end-of-life medical decisions, and explicit recognition under privacy laws to access a partner's information in an emergency. Its failure leaves these significant gaps unaddressed by legislation. 

A Chronology of Judicial Progress 

The courts have moved from ensuring access to specific government benefits to affirming the very core of what constitutes a family, creating a powerful legal foundation. The following key cases, presented from most recent to oldest, illustrate the judiciary's methodical expansion of rights for same-sex couples in Hong Kong. 

• MK v Government of HKSAR (2024) 

  • This case, presided over by Justice Russell Coleman, secured equal inheritance rights for same-sex couples. The court ruled that surviving same-sex spouses must be included under the Intestates’ Estates Ordinance, affirming that the "closeness of the interpersonal relationship" is the defining factor. 

    
    

• Ng Hon Lam Edgar v Secretary for Justice (2024) 

  • The Court of Final Appeal delivered a monumental ruling that same-sex couples must be considered "families" for public rental and home ownership schemes. This judgment, a cornerstone for social inclusion, directly addressed the "basic social rights" the court had previously mandated. 

    
    

• Sham Tsz Kit v Secretary for Justice (2023)

  • In a landmark judgment, the Court of Final Appeal declared the government had a positive obligation to establish a legal framework for recognizing same-sex relationships. The bench, led by Chief Justice Andrew Cheung, gave the government two years to create a system to protect the basic social rights of same-sex couples. 

    
    

• S v KG (2021)  

  • The Court of Final Appeal, in a pivotal decision for family law, recognized the parental status of a non-biological mother in a same-sex relationship. This ruling centred on the child’s rights and established that a child can have two legal mothers, ensuring greater security for LGBTQ+ families. 

    
    

• Leung Chun Kwong v Secretary for the Civil Service (2019)  

  • While civil servant, Mr. Leung’s, bid for spousal employment benefits and joint tax assessment was ultimately unsuccessful, this Court of Final Appeal case forced the first major constitutional debate on sexual orientation discrimination. The judgment acknowledged the principle of equality, setting a crucial precedent for the legal battles that followed. 

    
    

• QT v Director of Immigration (2018) 

  • The Court of Final Appeal, in a unanimous ruling, held that refusing dependent visas to same-sex spouses was unjustifiable discrimination. This landmark judgment, a major victory for equality, established that immigration policy must recognize lawful overseas same-sex marriages for the purpose of uniting families.  

    
    

The Judiciary as a Catalyst for Progress 

The judiciary's role as a catalyst is now widely recognized as a key path to progress. Organizations like Hong Kong Marriage Equality (HKME), established in 2019, have built their strategy around this very premise. They posit that the freedom to marry will likely be secured through the courts, "riding on the favourable decisions" of past Court of Final Appeal rulings. However, they also emphasise that a legal victory must be backed by robust public support. 

HKME’s three-pronged strategy of empowering legislators, supporting legal challenges, and building public support, highlights the comprehensive approach needed. Their focus on elevating the stories of real families, mobilising community allies, and building a broad coalition is directly aimed at converting the latent public support, so clearly evidenced in the polls, into an undeniable political force. 

The Road Ahead for LGBTQ+ Marriage Equality 

The legislative track has hit a roadblock, but the judicial track remains open and active, backed by a public, particularly young Hongkongers, that is increasingly ready for change. The strong pro-equality sentiment among those aged 18 to 40 suggests that the pressure for reform is not fading but building for the long term. It is not a question of if more rights will be granted, but when and how. 

As we move beyond the government's October 2025 deadline with no comprehensive framework in place, the coordinated efforts of legal challenges, strategic advocacy, and public campaigning will only intensify. The progression towards full legal recognition may seem farfetched, but the direction, as charted by the courts, advocated by organizations like HKME, and supported by the city's youth, is unmistakable. The legislature’s failure to act does not halt progress; it merely ensures that the path forward will continue to be paved by the courage of individuals, the principle of equality before the law, and the unwavering consensus of the next generation. 

FAQ Summary: Same-Sex Rights in Hong Kong 

What is the current legal status of same-sex couples in Hong Kong? 

Although the Registration of the Same-sex Partnerships Bill was rejected by LegCo in September 2025, Hong Kong’s courts have steadily expanded rights for same-sex couples. These include inheritance rights, housing eligibility, immigration recognition, and legal parenthood in certain cases. 

What rights would the proposed Bill have granted?

The Bill aimed to formalize same-sex partnerships through a government-issued certificate. It would have provided legal recognition in areas not yet covered by court rulings, such as: 

• Organ donation eligibility 

• End-of-life medical decision-making 

• Emergency access to a partner’s personal information 

How does public opinion support LGBTQ+ rights in Hong Kong? 

Public support has grown significantly: 

• 60% of Hongkongers support same-sex marriage (2023) 

• 71% support anti-discrimination laws 

• Among those aged 18–40, support rises to 75% for marriage and 86% for equal treatment 

This generational shift reflects increasing alignment between public sentiment and judicial progress. 

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Disclaimer: Whilst every effort has been made to ensure the accuracy of this article it is general in nature and does not constitute legal advice of any kind. You should seek your own personal legal advice before taking legal action. We accept no liability whatsoever for loss arising out of the use or misuse of this article.

Jasmine Wong

Intern