Hong Kong’s top court has made a landmark ruling in favour of same-sex married couples, upholding their rights to subsidised housing benefits and equal inheritance.

This decision marks a significant victory for the LGBTQ+ community in Hong Kong, who have traditionally faced discrimination and fewer rights compared to heterosexual couples.

According to the Associated Press, Court of Final Appeal’s unanimous decision dismissed the government’s appeals, ending years-long legal battles over the differential treatment of same-sex couples married overseas.

Government lawyer Monica Carss-Frisk claimed that Hong Kong’s housing policy aimed to promote “procreation” among heterosexual couples. 

However, Chief Justice Andrew Cheung disagreed, stating that excluding same-sex couples from public rental flats and subsidised flats under the Home Ownership Scheme was unjustifiable.

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

The ruling also declared that disputed provisions in inheritance laws are “discriminatory and unconstitutional.” Hong Kong’s government respects the court’s decision and will study the judgments to determine next steps.

Currently, Hong Kong does not recognise same-sex marriage, but the city does recognise same-sex marriage for certain purposes, such as taxation and civil service benefits. 

This ruling is a significant step towards equality, but activists remain hopeful that Hong Kong will eventually legalise same-sex marriage, following in the footsteps of Taiwan and Thailand.

Nick Infinger, who was the first to launch a judicial review against the Housing Authority in 2018, told reporters that the rulings “acknowledged same-sex couples can love each other and deserve to live together.”

“This is not only fighting for me and for my partner, but this is fighting for all the same-sex couples in Hong Kong,” he added.

This landmark ruling is a significant milestone in the fight for LGBTQ+ rights in Hong Kong, and activists hope it will inspire further progress towards equality.
 

Hong Kong:

Hong Kong’s top court partially approved on Tuesday a landmark appeal by an LGBTQ activist for recognition of overseas same-sex marriages, and called for an alternative legal framework for such couples to legitimise their basic social needs.

The ruling ended a five-year legal battle fought by jailed democracy and LGBTQ rights activist Jimmy Sham, marking the first time Hong Kong’s Court of Final Appeal directly addressed the issue of same-sex marriage in the Asian financial hub.

Chief Justice Andrew Cheung, Permanent Judges Roberto Ribeiro, Joseph Fok, Johnson Lam, and Non-Permanent Judge Patrick Keane ruled that marriage freedoms outlined in Hong Kong’s mini-constitution, known as the Basic Law, were confined to opposite-sex marriage.

But the judges acknowledged same-sex couples’ need “for access to an alternative legal framework in order to meet basic social requirements.”

Same-sex couples also needed to “have a sense of legitimacy which dispels any sense of them belonging to an inferior class of person whose committed and stable relationships are undeserving of recognition,” the judges wrote.

Lawyers and activists say the ruling could potentially force changes by the city’s government and institutions, and lead to the creation of a new legal regime to allow smoother inheritance and insurance options as well as tax allowances, among other rights.

The decision could also influence Asian financial hubs from Tokyo to Singapore to draft more inclusive laws as a drawcard for the diverse, global talent that multinational corporations from banks to technology giants are seeking to hire and retain.

The judges suspended a declaration that the government’s lack of an alternative legal framework had violated Sham’s rights, giving the government two years to make further submissions.

Sham, 36, married his partner in New York in 2013 and twice lost in lower courts after launching his bid for Hong Kong to recognise overseas same-sex marriages in 2018.

Sham is one of the 47 democrats charged under the Beijing-imposed national security law over an unofficial primary election held in 2020 and has been detained since March 2021.

Esther Leung, campaign manager of the Hong Kong Marriage Equality group, said after the ruling that while the decision was a “major step forward, it falls short of what is really at stake in this case: full inclusion in marriage”.

Hong Kong is due to host Asia’s first Gay Games in November – an event that could help boost Hong Kong’s lacklustre post-COVID economic recovery.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)