Hong Kong’s LGBTQ community celebrated a landmark victory on Tuesday as the city’s highest court affirmed housing and inheritance rights for same-sex married couples. The unanimous rulings by the Court of Final Appeal concluded years-long legal battles that had challenged discriminatory government policies.
The verdicts, issued by a five-judge panel, addressed three separate judicial reviews that sought equality for same-sex couples under the city’s Public Rental Housing Scheme, Home Ownership Scheme, and inheritance laws. The court ruled that excluding same-sex couples violated the broader public interest and failed to align with modern principles of equality and justice.
Nick Infinger, a plaintiff who began his legal challenge in 2018 after his public housing application with his same-sex partner was rejected, expressed relief and joy outside the courtroom. “I’ve been fighting for LGBTQ rights for over 10 years. Finally, there is something to show for it,” he said in Cantonese.
Infinger highlighted the significance of the verdict, said, “The court’s verdict today can be seen as an affirmation of same-sex couples’ love and [their right to] live together. This is very important.”
Jerome Yau, co-founder of Hong Kong Marriage Equality, praised the court’s decision as a step toward ending discrimination. “The court has made it very clear that there is no difference between same-sex marriage and heterosexual marriage,” Yau said. He urged the government to take the next step, said “If they are the same, why we should treat them differently? Let’s hope the government will take note of the judgment and finally do their work… the best solution is marriage equality.”
Infinger’s case was one of three pivotal challenges. Another involved Edgar Ng, who sued over being required to pay a premium for his same-sex partner, Henry Li, to co-own a flat. Ng tragically died by suicide in 2020, leaving Li to continue the fight.
The third case, also initiated by Ng, revolved around inheritance laws. Under existing statutes, only those in “valid marriages” could inherit property without a will, excluding same-sex couples. The court ultimately ruled that such exclusions were unjust.
In rejecting government arguments, the judges emphasized that inheritance laws are concerned with the distribution of assets, not marital maintenance duties during a couple’s lifetime. They stated that a surviving same-sex spouse should be recognized as a beneficiary, given the close relationship between married same-sex partners.
The Hong Kong government had consistently opposed the earlier court rulings, arguing that housing policies were designed to promote procreation and population growth. During an October hearing, a government lawyer claimed that opposite-sex couples were more likely to procreate than same-sex couples, a justification the judges dismissed as irrelevant.
The Court of Final Appeal ruled that the Housing Authority’s primary objective should be addressing the needs of low-income individuals, noting that same-sex couples can adopt or have children through artificial means.
On inheritance laws, the government argued that legal obligations for spousal maintenance applied only to heterosexual couples under Hong Kong’s marriage laws. The court found this reasoning flawed, pointing out that the inheritance system already allows non-dependent relatives like siblings or parents to inherit.
While the rulings mark a significant step forward, activists stress that the fight for equality in Hong Kong is far from over. Same-sex marriage remains illegal, and Hong Kong offers no anti-discrimination protections for LGBTQ individuals in areas like employment or hate speech.
Last year, the same court ruled in favor of pro-democracy activist Jimmy Sham, requiring the government to establish a legal framework for recognizing same-sex relationships. However, full marriage equality remains elusive, with the government granted a two-year window to devise an alternative mechanism.
Yau, speaking to the wider implications of Tuesday’s rulings, said, “This is about human dignity. Discrimination has no place in a society like ours.”
A 2023 survey showed that 60% of Hongkongers now support equal marriage, reflecting shifting societal attitudes. As the city grapples with these transformative rulings, activists hope they will pave the way for comprehensive legal reforms.
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