Hong Kong
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Unable to respect their hometown of Hong Kong’s desire to marry, Dino Wong and his boyfriend Jeffrey Yoo flew over 2,000 miles across the sea in 2019 to tie the knot.
The trip wasn’t cheap – return flights, two nights accommodation, $5,000 for registration fees alone – that was the best option they could find, and Hong Kong was not aware of same-sex marriage.
It was not their dream wedding – they exchanged vows in the corridors of buildings in Western Pacific Island buildings, without the presence of parents and guests.
There was a party that later squealed in Hong Kong, but their marriage was never officially recognized at home.
But his hopes were shattered on Wednesday when Hong Kong’s parliament voted for a proposed bill for same-sex partnerships that would likely be fourth in Asia, allowing same-sex marriage after Taiwan, Nepal and Thailand.
Hong Kong is sold as a “Asian World Cities” and a financial gateway to the Chinese world, decriminalising homosexuality in 1991, but has yet to recognize same-sex marriage or legislation against discrimination based on the basis of sexual orientation.
Under the proposed bill, same-sex couples who married abroad could have registered their marriage in Hong Kong, granted the right to visit a hospital, made medical decisions on behalf of their spouse, and could have decided whether to assert their partner’s body or buried their loved one. It still couldn’t afford the perfect equality of same-sex couples, but Wong and many others in the community took it a step forward.
Former British colonies are generally more open-minded about LGBTQ issues compared to mainland China, and discussions on such topics are heavily policed by the authorities.
But following the “patriot-only” election framework imposed on Hong Kong by Beijing in 2021, the parliament currently lacks democratic lawmakers who tend to align with LGBTQ activists.
On Wednesday, 71 lawmakers from the city’s 90 powerful council voted against the bill. Only 14 lawmakers voted for the proposal. The rejection of the bill, supported by the city’s Beijing approved leader, John Lee, was a rare step in the city where lawmakers now pass on government-approved laws.
“I’m extremely disappointed that it wasn’t passed,” Wong said.
Experts and rights advocates warn that the outcome could halt the reputation of financial hubs and hamper the desire to bring world talent back to cities after years of political turmoil and tough border measurements during Covid.
Multinationals around the world are increasingly accepting support for LGBTQ rights as a way to attract top talent, and have often lobbyed Asian governments where same-sex equality has made limited advances.
The longstanding lobbying and court battles by the LGBTQ community have achieved some success over the past decade. Hong Kong currently recognizes same-sex marriages that have entered overseas on several small lots, including spouse visas, tax declarations and access to public housing. Most of these victories came only after the long and expensive court challenges caused judicial rulings against discrimination.
As a result, same-sex couples continue to face other challenges in other aspects of their daily lives, from visiting hospital partners to raising children.
In 2019, a report commissioned by the Equality Opportunity Committee identified more than 100 unconventional methods under Hong Kong law were treated differently.
Hong Kong is home to many international banks, law firms and global companies, and has long called on the government to be an attractive and welcoming place for international LGBTQ employees, but has been making public voices since the national security crackdown.
In a recommendation to Hong Kong leaders ahead of their annual policy speech later this month, the U.S. Chamber of Commerce urged the city to strengthen protections for the LGBTQ community “which distinguishes the city’s legal framework from other mainland urban frameworks.” This recommendation includes advocating for “perfect marriage equality.”
However, after Wednesday’s vote, Jerome Yau, co-founder of advocacy group Hong Kong Marriage Equality, said that Hong Kong sent a message that it was “not a welcoming place” for LGBTQ people.
“When it comes to attracting talent, I think you’ll question whether they want to move to Hong Kong, especially for those who are LGBT married. I think that represents a loss,” he said.
Community Business, an Asia-based nonprofit organization aimed at promoting positive change in the workplace, calls it a “strategic failure.”
“In today’s global talent market, inclusion is a competitive advantage. Without the legal awareness and protection of LGBTQ+ individuals, Hong Kong risks losing its advantage to regional peers who are moving forward with comprehensive policies and those who are competing globally for talent,” the spokesperson said.
The city has recently published a variety of talent schemes, and efforts to enhance their appeal seem to have paid off by recent research.
The Swiss-based Institute for International Management and Development ranked Hong Kong in the world and first in Asia in the latest global talent rankings released in five locations on Tuesday.
However, a community business spokesman recognizes that the three other countries ahead of Hong Kong in the rankings (Switzerland, Luxembourg and Iceland) are aware of same-sex marriage, and that rivals from new regions such as Taiwan are also competing in the hunt for talent.
The organization has discovered a growing commitment to inclusiveness in the Hong Kong corporate world, but it leaves behind a “significant gap” due to lack of awareness and anti-discrimination laws.
The city’s Constitutional and Mainland Affairs Bureau, which was in charge of the defeated bill, stated that Hong Kong has “long been a diverse, inclusive and cohesive society and an international hub for high-temperament talent.”
The spokesperson says Hong Kong has received more than 520,000 applications under various talent enrollment schemes as of August, of which 350,000 have been approved.
“Given our unique advantage of having solid support for our country and being closely associated with the world, and the promising developments in all respects, the (Hong Kong Government) is totally confident that quality talent will live, work and settle in Hong Kong,” they said.
The proposed bill was triggered by a 2023 Supreme Court decision, which required the government to establish a framework for granting same-sex partnerships by October this year.
Jimmy Sham, a well-known gay rights activist who brought the case, says the rejection was “very disappointing.”
Congress’ reluctance to pass the bill will be “open scars” for the LGBTQ community, he wrote in a Facebook post.
It also means that councils appear unlikely to find a solution within the time frame mandated by the city’s Supreme Court.
Meanwhile, support for the same-sex marriage in Hong Kong is on the rise, Suen Yiu Tung, an associate professor of gender studies at Hong Kong China University, told CNN.
He says a survey conducted by his team saw the percentage of respondents who support same-sex marriage increased from 38% in 2013 to 60% two years ago.
The proposed bill does not significantly expand the rights of same-sex couples, but according to You, it would have been a small step away from marriage equality in Hong Kong.
“The importance is that these relationships are recognized, and I think it will set a stage for further discussion about how we treat them… same-sex couples,” he said.
But many lawmakers speaking shortly before Wednesday’s vote saw it as a humiliation to the family system.
“The traditions and moral values of our family will collapse. This will spark further conflict in Hong Kong,” said MP Holden Chow.
A Hong Kong government spokesman respects not only the decisions of lawmakers, but also the rule of law and the decisions of lawmakers, but said the issue is “very controversial.”
A spokesperson said they will do further research and discuss with the Department of Justice before deciding how to proceed.
For Wong, the vote revealed something about his hometown.
“It calls it an international financial centre or an international city in itself. It always talks about how advanced Hong Kong is, but that’s not the case at all,” he said.
He hopes the community will remain resilient and will continue to challenge government one at a time, as he has done in the past.
But there is a warning. “You know you need the (what legal protection) you need when things go wrong,” he said.
