November 27, 2024
HONG KONG – Hong Kong’s top court has upheld three previous rulings on high-profile cases that grant equal housing and inheritance rights to same-sex couples.
The Court of Final Appeal on Tuesday dismissed appeals from the Department of Justice aimed at preserving policies and laws that discriminate against gay couples in terms of public housing and intestacy.
Earlier, respondent Nick Infinger won a judicial challenge against the Housing Authority, which had turned downed an application for a public rental flat submitted by Infinger and his same-sex partner as a family.
Respondent Henry Li Yik-ho and his late partner Edgar Ng Hon-lam won another judicial review that challenged policies barring same-sex spouses from cohabiting in subsidized flats under the Home Ownership Scheme.
Li and Ng together won a third legal challenge against two ordinances that barred same-sex couples from leaving their properties to surviving partners and made it harder for them to apply for financial support from the deceased’s estate.
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The Court of First Instance determined that the differential treatment of the three applicants constituted unjustified discrimination based on sexual orientation, breaching their right to equality under the Basic Law. The government later filed final appeals to the top court.
The Housing Authority had argued that allowing same-sex couples to apply for subsidized housing undermines the social welfare rights of Hong Kong residents, as outlined in Article 36 of the Basic Law.
However, the Court of Final Appeal decided that heterosexual couples have never held exclusive rights to public or subsidized housing.
The court dismissed the argument that same-sex couples are treated differently from heterosexual marriages in housing applications abroad due to differences in fertility.
It emphasized that the housing policy in question does not make distinctions based on reproductive capabilities.
The court concluded that overseas same-sex marriages go beyond mere cohabitation and are comparable to heterosexual marriages. Thus, it ruled that same-sex couples should be treated as suitable comparators to heterosexual marriages regarding inheritance issues.
READ MORE: Public housing denial to same-sex couple ruled ‘unlawful’
In a statement released on Tuesday afternoon, the Housing Authority expressed its respect for the top court’s decision, adding that it will thoroughly review the ruling and seek legal advice to update its policies accordingly.
A spokesperson for the Hong Kong Special Administrative Region government said on Tuesday that it respects the court’s decision, which ruled that discrimination against gay couples in inheriting properties from their deceased spouses is both discriminatory and unconstitutional. The government will carefully review the verdict, consult with the Department of Justice, and take appropriate measures accordingly.
Last year, the Court of Final Appeal granted the government two years to establish a legal framework for recognizing same-sex relationships, citing its failure to acknowledge such unions as a violation of the Hong Kong Bill of Rights. However, the government has yet to provide an update on its progress.