HONG KONG — On Tuesday, Hong Kong’s highest court reaffirmed previous rulings that support subsidized housing benefits and equal rights in inheritance for same-sex couples, marking a significant victory for the LGBTQ+ community in the region.
The decision from the Court of Final Appeal, which dismissed government appeals, concluded lengthy legal disputes regarding the unequal treatment of same-sex couples who marry abroad under the policies of the Hong Kong Housing Authority and certain inheritance laws.
This ruling is anticipated to significantly influence the lives of same-sex couples, who have historically enjoyed fewer rights compared to their heterosexual peers in this major financial center.
While Hong Kong does not legally acknowledge same-sex marriage, many couples have opted to marry in other countries.
The city currently recognizes same-sex marriages for specific purposes, including tax benefits, civil service entitlements, and dependent visas. Many of these rights came about through legal disputes, coinciding with a noticeable increase in societal acceptance towards same-sex marriage.
In September 2023, the top court mandated the government to create a framework for recognizing same-sex partnerships.
Earlier rulings in 2020 and 2021 by a lower court indicated that the housing policies relevant to these cases infringed upon constitutional equality rights, while the exclusion of same-sex spouses from inheritance law benefits constituted unlawful discrimination.
After challenging these decisions at the Court of Appeal, the government faced another setback in October 2023 before presenting the cases to the highest court.
The top court’s verdict concludes a significant legal struggle faced by Henry Li and his late partner, Edgar Ng. Following their marriage in Britain in 2017, Ng purchased a subsidized apartment intended to be their shared home.
However, the Housing Authority determined that Li could not be listed as an authorized occupant of the apartment under the definition of “spouse” as it does not recognize same-sex marriages. The court also noted Ng’s apprehensions regarding the potential consequences of dying without a will, fearing that his assets would not pass on to Li.
Tragically, Ng passed away in 2020 after battling prolonged depression.
Following the Court of Appeal’s ruling last year, Li expressed his hope that the government would honor the judicial decision through a post on Facebook.
He shared his feelings about the previous court arguments that labeled him as a stranger to Ng, stating, “It added insult to injury— that the government repeatedly argued in open court I am not Edgar’s husband and should be treated as a stranger to him, while I was still mourning.”