Hong Kong’s Top Court Grants Housing And Inheritance Rights To Same-Sex Couples After Years Of Legal Battle

On Tuesday, November 26, Hong Kong’s top court ruled in favor of same-sex couples’ housing and inheritance rights, rejecting appeals brought by the government.

This landmark ruling is a significant victory fror Hong Kong’s LGBTQ+ community

The Tuesday Ruling

The Court of Final Appeal dismissed appeals brought by the Hong Kong governmentand unanimously upheld earlier rulings that found existing policies discriminatory.

On Housing Schemes

Chief Justice Andrew Cheung, in his judgment, said, exclusionary housing policies including Home Ownership Scheme, that does not provide same-sex couples subsidised housing, “cannot be justified.”

“[For] needy same-sex married couples who cannot afford private rental accommodation, the exclusionary policy could well mean depriving them of any realistic opportunity of sharing family life under the same roof,” he stated.

On Inheritance

The court also ruled that inheritance laws excluding same-sex couples from rights granted to heterosexual spouses were unconstitutional, and two laws will be ended.

Judges Roberto Ribeiro and Joseph Fok stated that the government had “failed to justify the differential treatment” in these cases, deeming the laws discriminatory.

The Six Year Long Battle

Six year ago, Hong Kong resident Nick Infinger filed a plea against the Hong Kong government. Infinger and his partner, who were married in Canada, were denied public housing on the grounds that they did not meet the government’s definition of an “ordinary family.”

“This is not only fighting for me, for my partner, but this is fighting for all the same-sex couples in Hong Kong,” Infinger said outside the court to media, holding a rainbow flag.

After the ruling, he said, “acknowledged same-sex couples can love each other and deserve to live together”.

Infinger expressed himself, saying, “I hope Hong Kong can become more equal and fair.”

Henri Li Case

The case also included Henry Li, who challenged inheritance rules after the death of his husband, Edgar Ng, in 2020. Li, who was barred from being recognised as Ng’s spouse for housing and inheritance purposes, expressed gratitude for the ruling but said the legal battle had been emotionally painful.

“Without you by my side, the government’s arguments felt even more cruel,” Li wrote in a public message to his late husband.

Milestone for LGBTQ+

Activists celebrated the rulings, describing them as a milestone for LGBTQ+ rights in Hong Kong. Jerome Yau, co-founder of the advocacy group Hong Kong Marriage Equality, said, “The court made it very clear that same-sex marriage is just the same as heterosexual marriage.”

The group urged the government to expedite legal reforms and end the exclusion of same-sex couples from marriage.

The rulings follow a September 2023 decision by the same court, which stopped short of granting full marriage rights but gave the government two years to establish a framework for recognising same-sex partnerships.

Public support for same-sex marriage in Hong Kong has grown, with 60 percent of residents favoring it according to a 2023 survey conducted by three universities.

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