Hong Kong’s LGBTQ+ community achieved a major victory as the city’s top court upheld rulings granting equal inheritance rights and subsidized housing benefits to same-sex married couples. On Tuesday, the Court of Hong Kong's Top Court ruled in Favor of Same-Sex Couples' Equal Rights Final Appeal’s decision dismissed government appeals, reinforcing prior judgments that found such policies discriminatory.
The unanimous ruling addressed yearslong legal battles over the differential treatment of same-sex couples under the city’s Housing Authority policies and inheritance laws. Chief Justice Andrew Cheung highlighted the lack of evidence supporting claims that exclusionary housing policies benefited opposite-sex couples. He ruled that the policies, aimed at preserving “traditional families,” were unjustifiable.
Similarly, Justices Roberto Ribeiro and Joseph Fok ruled that denying inheritance rights to same-sex spouses was both unconstitutional and discriminatory. These landmark judgments are expected to significantly improve the lives of same-sex couples, who have traditionally faced fewer legal rights and social acceptance compared to their heterosexual counterparts in Hong Kong.
Although same-sex marriage is not legally recognized in Hong Kong, the city acknowledges such unions for specific purposes, including taxation, civil service benefits, and dependent visas. Many of these concessions were achieved through legal challenges, reflecting a growing social acceptance of same-sex partnerships. In September 2023, the top court mandated the creation of a framework for recognizing same-sex relationships, making Hong Kong the only jurisdiction in China to offer such recognition.
The housing case stemmed from a 2018 judicial review by Nick Infinger, who challenged the Housing Authority's refusal to recognize same-sex spouses as eligible family members for subsidized flats. After the ruling, Infinger described the decision as a step toward equality for all same-sex couples in the city.
Another case involved Henry Li and his late husband, Edgar Ng, who married in Britain in 2017. Ng faced obstacles when the Housing Authority denied Li recognition as a family member eligible to occupy their subsidized flat. Additionally, Ng was concerned that without legal protections, his properties would not pass to Li if he died intestate. Tragically, Ng passed away in 2020, but Li continued their shared fight for justice.
Following the court’s ruling, Li shared an emotional message on social media, dedicating the victory to Ng’s memory and their pursuit of equality. LGBTQ+ advocacy group Hong Kong Marriage Equality lauded the judgment, calling it a clear statement against discrimination based on sexual orientation and urging the government to end the exclusion of same-sex couples from marriage.
These rulings mark a turning point in the city’s legal landscape, offering hope for broader recognition of same-sex relationships despite ongoing challenges.
(This article is a reworked version of a PTI feed)
