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“While the Bill does not introduce new obligations for employers, organisations can position themselves as progressive employers and create a workplace culture that celebrates diversity and supports equality,” writes Adam Hugill, Partner at Hugill & Ip Solicitors.
Hong Kong’s Registration of Same-Sex Partnerships Bill (the “Bill”) seeks to create a legal framework for registering same-sex partnerships. This move fulfils the Court of Final Appeal's ruling in Sham Tsz Kit v Secretary for Justice [FACV 14/2022], which mandated the HKSAR Government to establish an alternative framework for the legal recognition of same-sex unions by September 2025.
The Bill, in its current form, is very narrow in its scope. It primarily addresses the "basic social needs" of same-sex couples, offering limited rights such as handling medical matters and after-death arrangements. It explicitly does not extend to marriage or other rights typically afforded to heterosexual couples.
Will the Bill reshape workplace policies and obligations for employers in Hong Kong?
The Bill, as currently drafted, does not impose any new obligations on employers in Hong Kong.
Importantly, the Bill applies to same-sex partnerships entered into in other jurisdictions – i.e., it recognises same-sex couples who are already legally married elsewhere but does not create a status equivalent to marriage under Hong Kong law. It is, therefore, unlikely to have a direct impact on existing workplace policies.
For multinational companies operating in Hong Kong, many already have policies in place to recognise and provide benefits (e.g., medical benefits, spousal insurance) to same-sex spouses and to prevent discrimination. These policies will remain unaffected by the Bill and can continue without amendment.
For employers that do not currently extend such benefits or protections to same-sex couples, the Bill does not create any legal requirement to change their policies.
It is worth noting that the Bill does not touch upon employment-related benefits granted through previous Court of Final Appeal decisions. For instance:
- in the QT case, same-sex married couples were granted the right to sponsor dependent visas; and
- in the Leung case, the court required the HKSAR Government to extend the same medical and dental benefits to same-sex couples as it does to heterosexual couples, as well as allow joint salaries tax filings.
How can employers support same-sex employees under current employment laws?
The Bill does not require employers to extend benefits or entitlements provided to heterosexual couples to same-sex married couples. The extension of such benefits in the private sector remains entirely at the employer's discretion.
Any support for same-sex employees under the current legal framework is essentially voluntary and employers can:
- implement inclusive workplace policies that recognise same-sex spouses in areas such as medical coverage, family leave, and spousal insurance;
- strengthen internal anti-discrimination policies to explicitly include protections for LGBTQ+ employees; and
- offer diversity and inclusion training to foster a supportive and equitable workplace culture.
By adopting these measures, employers can align with international standards and demonstrate a commitment to promoting equality and inclusivity, even in the absence of specific statutory requirements.
Could this Bill pave the way for broader anti-discrimination protections or eventual same-sex marriage in Hong Kong?
It is unlikely that this Bill, in its current form, will pave the way for broader anti-discrimination protections or same-sex marriage in Hong Kong.
The HKSAR Government has deliberately restricted the Bill's scope to addressing what it considers the "basic social needs" of same-sex couples. It has explicitly stated that partnerships registered under this framework are not equivalent to marriage.
The Equal Opportunities Commission (“EOC”) has long advocated for comprehensive LGBTQ+ anti-discrimination legislation, urging the government to initiate consultations. Despite repeated surveys showing widespread discrimination against sexual minorities in Hong Kong and support in the community to enact such protections, the government has not shown willingness to take further action.
While there is no overarching statutory protection against discrimination for the LGBTQ+ community in Hong Kong, progress in this area has been driven by judicial review cases, such as those that secured rights to dependent visas, tax filings, public housing, and inheritance rights.
One potential area for expansion could be the Family Status Discrimination Ordinance (“FSDO”), which does not explicitly cover same-sex “spouses”. A judicial review could argue that denying protections under the FSDO to same-sex couples constitutes discrimination under the Basic Law or the Hong Kong Bill of Rights.
What legal and policy developments should HR leaders prepare for
From a legal standpoint, there are no immediate developments that require HR leaders to alter workplace policies regarding same-sex couples or LGBTQ+ employees. However, HR leaders should be proactive in fostering an inclusive and supportive workplace environment.
Many multinational companies in Hong Kong are already adopting LGBTQ+-inclusive policies that align with global standards. To remain competitive and enhance employee satisfaction, HR leaders should consider:
- reviewing and updating anti-discrimination policies to ensure they explicitly protect LGBTQ+ employees;
- implementing diversity and inclusion programs to promote awareness and acceptance; and
- offering equal benefits to all employees, regardless of sexual orientation, even in the absence of legal mandates.
By taking these steps, organisations can position themselves as progressive employers and create a workplace culture that celebrates diversity and supports equality.
Conclusion
The Bill represents a small but important step toward recognising same-sex relationships in Hong Kong. However, its limitations reflect the government's cautious approach to LGBTQ+ rights.
While the Bill does not introduce new obligations for employers or guarantee additional rights for same-sex couples, it underscores the ongoing need for judicial advocacy and voluntary action by organisations to promote equality for sexual minorities. Employers play a crucial role in driving progress and can lead the way by implementing inclusive policies that go beyond the minimal protections offered by the law.
The author, Adam Hugill will also be a speaker at our upcoming Inspire HR 2025 on 16 September 2025. At the conference, Hugill will delve into the complexities of compliance within Hong Kong’s evolving regulatory landscape, offering timely updates on employment law developments and sharing practical strategies to help HR professionals mitigate legal risks effectively.
To learn more from Hugill and other distinguished expert speakers, register now to join us at Inspire HR 2025 at The Ritz-Carlton, Hong Kong.
To see the full conference agenda, please click here.
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