In a landmark ruling, Hong Kong’s LGBTQ+ community has achieved a significant victory as the city’s top court affirmed the housing and inheritance rights of same-sex couples on Tuesday 26th November. The implications of this ruling are expected to be far reaching for the lives of same-sex couples in the city, who have traditionally had fewer rights than their heterosexual counterparts.
Two cases in particular gave rise to this ruling: one involving Nick Infinger, who took the government to court after finding out that he and his partner had been excluded from public rental housing on grounds that they were not an ‘ordinary family’, and another brought by Henry Li and his late husband, Edgar Ng, who opposed discriminatory policies towards same-sex couples on subsidized housing and inheritance.
Chief Judge Andrew Cheung declared that policies excluding same-sex couples from public rental flats and subsidised flats sold under the city’s Home Ownership Scheme “cannot be justified”, noting as well that such policies could deprive needy same-sex couples of “a realistic opportunity of sharing family life under the same roof.” This is due to the fact that public rental housing accommodates roughly 28% of Hong Kong’s 7.5 million residents, which makes this ruling particularly impactful for many.
On the subject of inheritance laws, Judges Roberto Ribeiro and Joseph Fok deemed the existing provisions to be “discriminatory and unconstitutional”, emphasizing that the government failed to provide any evidence to justify the differential treatment of same-sex couples.
“I hope Hong Kong can become more equal and fair. Today’s court rulings acknowledged that same-sex couples can love each other and they deserve to live together.”
Henry Li, whose husband Edgar Ng died by suicide in 2020, released a heartfelt open letter to his late partner saying that he was grateful for the ruling:
“I have lived in pain but never gave up your desire for equality,” Li wrote. “I hope you can still hear our affirmations of you.”
This ruling is part of a series of legal victories for LGBTQ+ rights in Hong Kong. In 2023, The Court of Final Appeal directed the government to establish an “alternative legal framework” within two years to safeguard the rights of same-sex couples. However, same-sex marriage remains unrecognized, prompting advocates to continue their push for complete equality. Support for same-sex marriage in Hong Kong has grown steadily, reaching 60% in a recent survey, and LGBTQ+ activists hope that the mandated legal framework will offer comprehensive protections for the members of their community.
Neil Graham, a Partner at Grayfords comments as follows: “Although the Matrimonial Proceedings and Property ordinance applicable in Hong Kong has a similar overall effect to the 1973 Act in England providing for a fair division of assets on divorce, the Special Administrative Region still does not recognise same sex marriages or civil unions despite a direction from the Hong Kong Court of Final Appeal in 2023 to establish an alternative framework for the legal recognition of same-sex relationships with equivalent rights and obligations to marriage. Rulings of the Hong Kong Court have recognised the validity of same sex unions in the context of spousal visas and taxation and spousal benefits. It is always worth considering carefully the validity of relationships in other jurisdictions if you are planning to live abroad and obtaining advice from specialist solicitors before you move in the unlikely event of the breakdown of a relationship or if you are embarking on a new relationship together.”
At Grayfords, we strongly believe in the right for any and all couples to be able to build a future and a home together, regardless of their gender or sexual orientation. If you are in a same-sex relationship and are considering your legal options for officiating it, don’t hesitate to contact us today on 020 7100 6100 to book a free initial consultation and find out how one of our expert family law solicitors can help you.
