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Opinion
Government has failed LGBT Hongkongers over same-sex partnership bill
A sizeable minority of Hongkongers have been denied rights the courts have ruled they should have by law, and the government must fix this
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Mike Rowse is an independent commentator.
The decision by a majority of legislative councillors to vote down the same-sex partnerships bill has been presented by officials as some kind of triumph for the system of government. In fact, it sets us on the road to a slow-burning loss of credibility about our commitment to the rule of law.
A total of 71 members voted against the bill earlier this month, with just 14 in favour and one abstention. The outcome was widely reported in the overseas media, most directly highlighting that this was a direct rebuttal of a ruling by Hong Kong’s top court.
The narrative since put forward by some officials is that, despite the negative outcome, the process was a success because it showed all three branches of government carried out their duties faithfully according to the law. The judiciary interpreted the relevant law independently, the executive responded appropriately by putting forward legislation to remedy the adjudged illegality and the legislature exercised its free judgment.
This is pure sophistry. A significant minority of Hong Kong citizens have been denied certain rights that our Court of Final Appeal ruled they should have by law. The promise by the government to examine what might be done administratively to minimise the damage to those concerned is welcome but insufficient.
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