The legal framework
Same-sex relations were decriminalised in 1991. There is no same-sex marriage, but in 2023 the Court of Final Appeal held that the government had a constitutional duty to establish an alternative framework recognising same-sex partnerships, and gave it a period in which to do so. A series of court rulings has already extended spousal visa, inheritance, tax and public housing rights. There is no general anti-discrimination statute covering sexual orientation.
Hong Kong decriminalised sex between men in 1991, and in September 2023 the Court of Final Appeal held that the government must create a framework recognising same-sex partnerships, giving it two years. The government introduced a registration bill in 2025 — limited to couples married abroad, and covering medical and after-death matters — and the Legislative Council voted it down in September 2025, the first time it had rejected a government bill. The court's deadline passed without a framework.
Key points
| Criminal law | Decriminalised in 1991 |
|---|---|
| Partnership recognition | A 2023 ruling required the government to create an alternative framework |
| Court-won rights | Spousal visas, inheritance, tax and public housing extended by litigation |
| Marriage | Not available; overseas marriages recognised only for specific purposes |
| Discrimination | No general statutory prohibition on grounds of sexual orientation |
| Health care | Accessible, with confidential public testing services |
| Organisations | Active community and legal advocacy organisations |
In practice
- Rights won through litigation apply for specific purposes only: check whether yours is covered.
- An overseas marriage may be recognised for tax or housing but not for others: take advice per purpose.
- Public testing services are confidential and low cost.
- Community legal clinics track the developing framework and advise free of charge.
Cost and coverage
Public health services are low cost; community legal clinics advise without charge.
Recent changes
The Registration of Same-sex Partnerships Bill was voted down by the Legislative Council in September 2025, and the deadline set by the Court of Final Appeal passed in October 2025 without a framework in place.
Where to go
- Community legal advice clinics.
- Public and non-governmental sexual health services.
- Equal Opportunities Commission, for related complaints.
Worth knowing
Recognition here has been built case by case, so it is fragmented. What counts for a visa may not count for inheritance; verify each entitlement separately rather than assuming a single status.
Frequently asked questions
What did the Court of Final Appeal decide?
That the absence of any legal recognition of same-sex partnerships breached the constitutional right to equality, and that the government must establish an alternative framework within two years. It did not require marriage. The remedy was a deadline, not a specified scheme.
What happened to the bill?
The Legislative Council rejected it at second reading in September 2025 by seventy-one votes to fourteen. The government said it would not seek an extension of the court's suspension period and would consider the position with the Department of Justice. Couples remain without a recognition mechanism.
Official sources and links
- GovHK — official government portal