Recent Legal Developments Regarding Queer Rights in Hong Kong

Hong Kong’s complex history as both a British colony and a Chinese Special Administrative Region has shaped its legal systems within the region, including those pertaining to LGBTQ+ rights. Under British colonial rule, homosexuality remained punishable by life imprisonment until 1991, when Hong Kong decriminalized  “homosexual acts between consenting same-sex individuals aged twenty-one years and above.” Afterward, Hong Kong’s queer population, collectively known as “tongzhi,” was able to build a thriving community. In 2003, Hong Kong even elected its first openly gay chancellor, Kenneth Cheung. While in office, Cheung hosted the region’s first gay pride parade, as well as Hong Kong’s first annual International Day Against Homophobia and Transphobia.

Since then, a number of court rulings have expanded the rights of queer Hong Kong citizens, such as QT vs Director of Immigration (2018), which granted same-sex partners access to spousal visas, while another ruling in 2018 permitted same-sex couples to file joint tax returns. While these developments may paint the region as progressive, the laws remain relatively conservative, as Hong Kong still does not recognize gay marriage. Hong Kong lawmakers recently voted against a bill that would have expanded the legal rights of same-sex partners, such as granting them authority over medical decisions for their partner or decisions regarding post-mortem arrangements. While general public approval for gay marriage is on the rise, up to 60 percent from 38 percent in 2013, the marriage recognition bill was struck down by a 71-18 vote, a harsh reminder of the extent to which much of East Asia’s queer community has operated under a paradigm of decriminalization without the guarantee of protection.

This recent ruling has put Hong Kong Chief Executive John Lee in a precarious situation, given his encouragement for lawmakers to pass the bill, and the region’s legal obligation to create a separate legal framework for gay marriage. This legal obligation stemmed from Sham Tsz Kit v Secretary for Justice (2023), in which the court ruled that while Hong Kong was unable to recognize Jimmy Sham’s marriage, it must create an alternative legal framework for same-sex marriage within two years, by October 2025. The bill’s rejection has also drawn international ire from several human rights groups, including Amnesty International, which noted how the bill was already relatively bare-boned. Its rejection, Amnesty argued, signaled the current government’s inability to provide the bare minimum for queer citizens. The decision also undermines Hong Kong’s designation as “Asia’s World City,” and goes against the recommendation of the American Chamber of Commerce. While it is unlikely that the bill’s rejection will lead to direct conflict with the United States, it reinforces the perception that legal protections for queer citizens in the Eastern world are not as developed as those in the West.

The bill was also significant as the first to be vetoed since Beijing’s overhaul of Hong Kong’s legislative council in 2021, which drastically reduced the average citizen’s political power. It reiterates mainland China's influence over the region and parallels China’s own tolerance, but not acceptance of gay marriage. If Hong Kong had legalized gay marriage, it would have been the fourth region in Asia to do so, following Taiwan, Nepal, and Thailand. As such, while the decision to strike down gay marriage may be disappointing, it is unsurprising and serves as a reminder of the stigmas held against queerness not just within China, but within much of Asia.