Hong Kong court rules for equal inheritance for same-sex couples
What's the story
Hong Kong's Court of Final Appeal has upheld earlier rulings granting equal inheritance rights and subsidized housing benefits to same-sex married couples. The decision ends years of legal battles over differential treatment under the city's Housing Authority policies and two inheritance laws. The court rejected government appeals against the earlier rulings, marking a major stride toward equality for the LGBTQ+ community in Hong Kong.
Judicial criticism
Chief Justice criticizes exclusionary housing policies
Chief Justice Andrew Cheung criticized the exclusionary housing policies, saying they lacked justification. He argued that while these policies were supposedly beneficial to opposite-sex married couples by increasing the supply of subsidized housing and supporting traditional families, authorities failed to provide evidence of potential impact on opposite-sex couples if these policies were relaxed. "The challenged policies cannot be justified," he wrote in his judgment.
Legal assessment
Inheritance laws deemed discriminatory and unconstitutional
Judges Roberto Ribeiro and Joseph Fok ruled that certain provisions of the inheritance laws were "discriminatory and unconstitutional." The judgment is especially important considering that Hong Kong doesn't officially recognize same-sex marriage, with some couples marrying abroad. However, the city does recognize same-sex marriage for limited purposes such as taxation, civil service benefits, and dependent visas.
Legal progress
Court orders framework for recognizing same-sex partnerships
In September 2023, the Court of Final Appeal directed the government to create a framework to recognize same-sex partnerships. This ruling, along with other successful legal challenges, has made Hong Kong the only place in China to grant such recognition. The decision was welcomed by Nick Infinger who initiated a judicial review in 2018. He said the rulings "acknowledged same-sex couples can love each other and deserve to live together."
Community response
LGBTQ+ groups hail ruling, urge further steps
LGBTQ+ groups have hailed the court's decision as a victory for human dignity and equality. They are now urging further steps toward legalizing same-sex marriage in Hong Kong. Henry Li, whose late partner Edgar Ng was denied housing benefits, expressed relief at this decision which honors Ng's dream of equality. However, despite these advancements, there remains a level of uncertainty about whether Hong Kong will follow in the footsteps of Taiwan and Thailand in legalizing same-sex marriage.