Same-sex order 'not a bid to regulate societal values' - RTHK
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Same-sex order 'not a bid to regulate societal values'

2025-08-09 HKT 12:29
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  • Jose-Antonio Maurellet says the court ruling explicitly preserves Hong Kong's traditional definition of marriage. File photo: RTHK
    Jose-Antonio Maurellet says the court ruling explicitly preserves Hong Kong's traditional definition of marriage. File photo: RTHK
Bar Association chairman Jose-Antonio Maurellet said a Court of Final Appeal order mandating an official framework for same-sex partnership recognition is purely a legal and constitutional matter, not an attempt to regulate societal values.

Speaking on a Commercial Radio programme on Saturday, Maurellet emphasised the association's neutral stance on the content of the draft legislation but affirmed that the court's ruling should be implemented.

The government's proposal is a direct response to a landmark ruling in 2023 requiring authorities to formulate a framework within two years.

Under the proposal, registered same-sex partners would be granted specific rights, including the ability to make hospital visits, obtain their partner's medical information, make medical decisions and donate organs to each other.

Maurellet noted that if the Registration of Same-sex Partnerships Bill fails to pass the Legislative Council, the government could apply to the court for an extension to carry out the order.

He stressed that the ruling explicitly preserves Hong Kong's traditional definition of marriage.

"The five judges of the Court of Final Appeal all agreed that the definition of marriage as a union between one man and one woman has not changed," Maurellet said.

"Therefore, referring to it as an 'alternative framework' signifies that it is not the same as a traditional marriage.

"The court's ruling states that while your status is different, you should have legal recognition, and the alternative framework should provide certain rights.

"As for what those rights are, the court clearly indicated that the executive authorities have the discretion to consider which rights to provide.

"More fundamental rights should certainly be included, while less core rights can be managed by the executive and the legislature.

"Thus, the court's sole consideration is legal and constitutional, rather than regulating societal values."

Same-sex order 'not a bid to regulate societal values'