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Hong Kong's legal battles over LGBTQ rights: key dates
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Hong Kong, Sept 9 (AFP) Sep 09, 2025
Hong Kong's lawmakers will debate and vote on a government proposal granting limited rights to same-sex couples on Wednesday, a high-stakes moment for LGBTQ equality in the city.

The Chinese city does not permit same-sex marriage, but activists have won piecemeal victories in court that struck down discriminatory policies on visas, taxes, inheritance and housing.

Here are some key dates:


- 1991: Decriminalisation -


Hong Kong's colonial-era lawmakers in 1991 voted to decriminalise consensual sexual acts between men aged 21 or above, belatedly following Britain's lead.

After the city was handed back to China in 1997, LGBTQ activists found limited success in a legislature packed with Beijing loyalists, and proposals for an anti-discrimination law on the basis of sexual orientation and gender identity went nowhere.


- 2006-2008: Early successes -


The case of Leung TC William Roy, which went to the Court of Appeal, helped lay the groundwork for LGBTQ rights protection under the Basic Law, Hong Kong's mini-constitution.

Appeal judges ruled in September 2006 that the Basic Law and Hong Kong's Bill of Rights should be read in a way that prohibited unlawful discrimination on the basis of sexual orientation.

In the 2008 case of Cho Man-kit, the court said Hong Kong's Broadcasting Authority was wrong to publicly criticise a television documentary that featured same-sex marriage.


- 2013 onwards: Trans rights -


Hong Kong's top court in 2013 ruled in favour of a transgender woman's right to marry -- a stance considered progressive compared with other Asian jurisdictions at the time.

The plaintiff had completed gender confirmation surgery and should count as a woman for the purposes of getting married, which would allow her to marry a man, the judges said.

In 2023, the Court of Final Appeal ruled that a transgender person can apply to change the "sex entry" on their Hong Kong identity card without having to fully complete surgery -- though activists say the government has not fully amended its policy to reflect the court's demands.


- 2018 onwards: Incremental wins -


Legal challenges in the late 2010s showed a pattern of activists targeting smaller wins to increase their chances of success.

Many of their arguments focused on how certain Hong Kong government policies treated same-sex couples differently from opposite-sex couples without good reason.

This led to the Court of Final Appeal siding with same-sex couples on issues such as spousal visas in 2018 and joint taxation in 2019.


- 2023: Same-sex marriage bid -


Jimmy Sham, a pro-democracy activist known for advocating LGBTQ rights, asked the court to strike down Hong Kong's ban on same-sex marriage -- a move considered more ambitious than previous legal bids.

On September 5, 2023, by a 3-2 vote, Hong Kong's top judges rejected same-sex marriage but ordered the government to set up an "alternative legal framework" to protect same-sex couples' rights within two years.

Sham was one of 45 democracy campaigners jailed after being found guilty of subversion under a Beijing-imposed national security law, though his case was not directly related to LGBTQ advocacy.


- 2024: More gains -


Hong Kong's top court ruled against the government to affirm housing and inheritance rights for same-sex couples.

Resident Nick Infinger went to court over a policy that excluded him and his partner from public rental housing on the grounds they were not an "ordinary family".

The case was later heard together with that of Henry Li and his late husband, Edgar Ng, who challenged government policies on subsidised housing and inheritance rules.


- 2025: Government bill -


With just months to go until the court-imposed deadline, Hong Kong officials unveiled a bill in July to recognise limited rights for same-sex couples whose unions are registered abroad.

The bill only covers medical-related matters and after-death arrangements, drawing criticism from some LGBTQ rights advocates.

The public was given just seven days to write in with their views on the bill which is before the Legislative Council for second and third readings on Wednesday.


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