Hong Kong witnessed a rare scene at a hotel this Tuesday when 10 LGBTQ couples were joined in matrimony with hundreds of family members and friends as witnesses. The scenario is unusual for a city where the government has not legalised same-sex marriage.
Against a backdrop of “Pride to Wed”, the gay, lesbian, transgender and pansexual couples registered their marriage online through a process recognised in the United States. The ceremony was conducted at the Eaton Hotel and organised by a wedding company.
Among them was 66-year-old entrepreneur Lucas Peng, a Singapore native who has lived in Hong Kong for more than two decades, and his partner of more than 30 years.
He told the SCMP that marriage had never crossed the pair’s minds until they witnessed Hong Kong society’s increasing acceptance of same-sex relationships over the past decade.
They tied the knot after coming to appreciate the importance of legal recognition for their status as a spouse after spending half of their lives together.
“At the end of the day, it is very crucial to have an official document [to recognise our relationship],” Peng said. “At times, when I went to the doctor with [my partner] or accompanied him to undergo an operation, the doctors asked who I was. I had to say I am his friend, but I am more than a friend.”
Peng hoped their marriage could set an example for other local couples who had been in a long-term relationship and wished to get legally married.
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“We hope the government could be more progressive,” Peng’s partner, who did not wish to be identified, said after his marriage vows.
The collective ceremony was part of the Pride Month’s celebrations organised by wedding company Next Chapter, which helps LGBTQ couples register their marriage online.
Hong Kong is among the jurisdictions in Asia that has not legalised same-sex marriage. However, the city has granted interim rights regarding inheritance, cohabitation and ownership of public housing flats following a series of lower court rulings. The government is appealing those decisions to the city’s top court.
The Court of Final Appeal last September ruled the government needed to establish an alternative framework for recognising same-sex partnerships. The decision could pave the way for couples who hold an overseas marriage certificate to eventually enter into civil partnerships or unions and be eligible for marital entitlements given to their heterosexual counterparts.
The court gave the government two years to come up with an approach.
Secretary for Constitutional and Mainland Affairs Erick Tsang Kwok-wai said in May authorities were working out a “mechanism” relating to “the legal recognition of same-sex relationships, thresholds of recognition, eligibility conditions and how to effectively avoid abuses of the alternative framework”.
The Department of Justice and relevant bureaus were studying what “core rights” and “supplementary rights” should be included in the mechanism, as well as how to implement the framework.
“We are actively taking forward the relevant work,” Tsang said. “We will seek the views of the Legislative Council in due course when there are concrete recommendations.”
Sarina Cheung, a consultant with law firm Rita Ku & Ser, said same-sex couples who decided to tie the knot should be well informed of the legal implications followed by an overseas marriage certificate.
She explained that same-sex couples could only file for divorce in accordance with the requirements in the jurisdiction validating their marriage, meaning they could not legally end their relationship in Hong Kong.
Cheung, who specialises in inheritance law, said same-sex couples should therefore make prenuptial agreements or draw up wills to deal with financial arrangements and inheritance, regardless of whether their marital status was recognised in Hong Kong law.
“To decide whether or not to get married at this moment, I would not advise my clients or friends to wait and see what regime the government will eventually come up with,” she said.
