The legal framework
Hong Kong decriminalised sex between men in 1991. In September 2023 the Court of Final Appeal held that the absence of any legal recognition of same-sex partnerships breached the constitutional right to equality, and gave the government two years to establish an alternative framework. A registration bill limited to couples married abroad was introduced in 2025 and voted down by the Legislative Council in September 2025; the court's deadline passed in October 2025 without a framework.
Hong Kong is the clearest current example of rights won in court and refused by a legislature. A series of judgments since 2018 built a patchwork of entitlements — visas, tax, housing, inheritance — and the Court of Final Appeal then required a coherent framework. The bill that would have delivered it was the first government bill the reformed Legislative Council ever voted down.
Key points
| Marriage | Not available |
|---|---|
| Decriminalisation | 1991 |
| Court ruling | Court of Final Appeal, September 2023: framework required within two years |
| Bill | Registration of Same-sex Partnerships Bill rejected in September 2025 |
| Deadline | Expired in October 2025 with no framework in place |
| Piecemeal recognition | Spousal visas, tax, public housing and inheritance recognised by earlier rulings |
| Discrimination | No statute covering sexual orientation |
In practice
- Several specific rights already exist through litigation: dependant visas, joint taxation, public housing and intestate inheritance.
- Each of those was won case by case; they do not add up to a status and do not travel together.
- A foreign marriage certificate is worth carrying: it is the basis for the recognised entitlements.
- Wills and enduring powers of attorney remain essential in the absence of a framework.
Cost and coverage
There is no union to register locally. Legal costs relate to wills and to any application based on an existing foreign marriage.
Recent changes
The Legislative Council rejected the government's registration bill in September 2025 by seventy-one votes to fourteen, and the government said it would not seek an extension of the court's suspension period.
Where to go
- Immigration Department, for dependant visa applications based on a foreign marriage.
- Equal Opportunities Commission, which has called for legislation.
- Solicitor, for wills and enduring powers of attorney.
Worth knowing
Recognition here is functional and fragmented: a foreign marriage counts for a visa, for tax and for inheritance because courts said so, but not as a status. Do not assume that a win in one area carries into another.
Frequently asked questions
What is actually recognised today?
A foreign same-sex marriage is recognised for defined purposes established by litigation: a dependant visa, joint assessment for salaries tax, eligibility for certain public housing schemes, and rights on intestacy. It is not recognised as a marriage, and there is no register to enter.
What happens now that the deadline has passed?
The court's suspension expired without a framework, which leaves the declaration of unconstitutionality standing and the remedy unimplemented. Further litigation is the likely route; the government has said it would study the position with the Department of Justice.
Official sources and links
- GovHK — official government portal