Hong Kong Same-Sex Partnership Bill: A Crisis of Constitutional Compliance

The court issued a mandate, but the political wall didn't budge. Hong Kong has entered a state of constitutional noncompliance after the Legislative Council (LegCo) failed to meet a court-imposed deadline to recognize same-sex partnerships. The missed deadline of October 27, 2025, signals a deepening divide between judicial authority and executive-led politics.

The 2025 Rejection of the Same-Sex Partnership Bill

The crisis traces back to the 2023 landmark ruling in Sham Tsz Kit v. Secretary for Justice. The Court of Final Appeal (CFA) ruled that the government's lack of a legal framework for same-sex unions violated constitutional privacy rights. However, when the government finally introduced a narrow bill, the legislature revolted. On September 10, 2025, the bill was crushed with 71 votes against and only 14 in favor.

Lawmakers from the pro-establishment DAB party argued the bill would subvert the city's marriage system. Despite receiving 10,775 submissions during a brief consultation—where 80 percent reportedly opposed the move—critics argue the legislature used public sentiment to bypass a constitutional duty.

Comparative Stalemate: Taiwan vs. Hong Kong

Hong Kong's impasse stands in sharp contrast to its neighbors. Taiwan legalized same-sex marriage in 2019 following a similar court mandate, proving that legislative follow-through is possible even amidst opposition. Meanwhile, in Japan, partnership programs now cover 92.5 percent of the population as of May 2025.

The recent LegCo election on December 7, 2025, which saw a low turnout of 31.9 percent, has solidified a legislature composed entirely of "patriots." In this new political landscape, the risk of defying a court judgment is minimal, yet the cost to Hong Kong's reputation for the rule of law remains high.