Hong kong court grants housing and inheritance rights to same sex couples

Hong kong court grants housing and inheritance rights to same sex couples

Hong Kong's LGBTQ+ community secured a major victory on Tuesday, as the city's highest court affirmed the housing and inheritance rights of same-sex couples, ruling against the government.

This decision marks the conclusion of a six-year legal battle initiated by Nick Infinger, a resident who, along with his partner, was denied public rental housing because they were not recognised as an "ordinary family." The case was combined with that of Henri Li, who challenged inheritance rules that excluded same-sex couples after his husband, Edgar Ng, passed away in 2020.

In a unanimous decision, the court dismissed the government's appeals, with chief judge Andrew Cheung stating that policies excluding same-sex couples from public rental housing and the Home Ownership Scheme could not be justified. The court emphasised that for same-sex couples in need of affordable housing, such exclusion denied them the realistic opportunity to share family life under the same roof.

Moreover, the court ruled that the existing inheritance laws were discriminatory and unconstitutional, as same-sex couples were not eligible for intestacy rules that apply to married couples. Judges Joseph Fok and Roberto Ribeiro condemned the government's failure to justify the differential treatment of same-sex couples for these legal matters.

Infinger, who displayed a rainbow flag outside the court, expressed gratitude but also acknowledged that achieving full equality for the LGBTQ+ community in Hong Kong would take time. He said, "I hope Hong Kong can become more equal and fair," while recognising that Hong Kong still lags behind jurisdictions like Taiwan and Thailand in terms of LGBTQ+ rights protections.

Li, in a heartfelt letter to his late husband, expressed gratitude for the ruling, noting the pain he had endured over the years but maintaining hope that the fight for equality would continue.

The ruling follows a 2023 decision by the court that, while rejecting the legalisation of same-sex marriage, gave the government two years to establish an "alternative legal framework" to protect the rights of same-sex couples. Advocacy groups, including Hong Kong Marriage Equality, have called for the government to end the exclusion of same-sex couples from marriage and implement more comprehensive protections for LGBTQ+ rights.

With growing public support for same-sex marriage—60 percent of Hong Kong residents were in favor according to a 2023 survey—activists are hopeful that the government's upcoming framework will offer more robust protections for same-sex couples.

However, they remain cautious, urging the government to act swiftly in enacting meaningful legal reforms.