Judges call for alternative framework to marriage in partial victory for city’s LGBTQ+ community
Hong Kong must provide an alternative to marriage in order to legally recognise the rights of same-sex couples, the city’s highest court has declared, opening the way for civil unions.
However, it rejected appeals against current laws which restrict marriage to heterosexual couples and refuse to recognise overseas same-sex marriages, despite majority support among the population.
The ruling said Hong Kong’s government was “in violation of its positive obligations” under the bill of rights to provide a legal framework to recognise same-sex couples outside the institution of marriage, and gave it two years to establish a system.
I’m pretty sure they gave up fighting the bourgeois three decades ago.
Also, in the mainland, it’s more of a cultural thing. For some reason there’s a lot of tension and lack of interest around the topic and the CCP doesn’t go against or advertise against it either, but they don’t provide for LGBT either. Wikipedia says it may be due to Westernization during early modern China.
Wait until the population declines further and the CCP tightens its grip even more over Hong Kong. I doubt this'll last. It's just how authoritarian communist regimes work. Look at Putin and co. for examples.
It's saying HK needs recognition similar to what China already does with mutual guardianship. So your argument makes no sense. As HK is following China on this one.
An adult with full capacity for civil conduct may, in prior consultation with his/her close relatives, or other individuals or organisations who are willing to act as his/her guardian, determine his/her guardian in writing. The agreed guardian shall perform the guardianship duties when such adult loses or partially loses his/her capacity for civil conduct."
HK:
The ruling said Hong Kong’s government was “in violation of its positive obligations” under the bill of rights to provide a legal framework to recognise same-sex couples outside the institution of marriage, and gave it two years to establish a system.
Hong Kong must provide an alternative to marriage in order to legally recognise the rights of same-sex couples, the city’s highest court has declared, opening the way for civil unions.
The ruling said Hong Kong’s government was “in violation of its positive obligations” under the bill of rights to provide a legal framework to recognise same-sex couples outside the institution of marriage, and gave it two years to establish a system.
The court challenge was lodged in 2018 by LGBTQ+ rights and pro-democracy activist Jimmy Sham Tsz-kit, who had argued Hong Kong should legally recognise his and his husband’s marriage, which took place in New York five years earlier.
On Tuesday, the court’s panel of judges were unanimous in upholding the current laws which restrict marriage to heterosexual couples, and which do not recognise overseas same-sex unions.
Recent polling has found support for same-sex marriage has grown from 38% to more than 60% in a decade, however activism of any kind has become increasingly difficult under the government’s security crackdown after the 2018 pro-democracy protests.
Leung urged to government to note the popular support of same-sex marriage, and “work proactively with stakeholders to formulate a robust legal framework … as soon as practicable”.
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An adult with full capacity for civil conduct may, in prior consultation with his/her close relatives, or other individuals or organisations who are willing to act as his/her guardian, determine his/her guardian in writing. The agreed guardian shall perform the guardianship duties when such adult loses or partially loses his/her capacity for civil conduct."
HK:
The ruling said Hong Kong’s government was “in violation of its positive obligations” under the bill of rights to provide a legal framework to recognise same-sex couples outside the institution of marriage, and gave it two years to establish a system.
These are vastly different things.
China is not as LGBT friendly as the west, that’s a fact you chuds cannot deny.