In a resounding victory for Hong Kong’s LGBTQ+ community, the city’s Court of Final Appeal has upheld earlier rulings that grant equal inheritance rights and access to subsidized housing for same-sex married couples. The unanimous decisions, handed down on Tuesday, November 26, 2024, are expected to have far-reaching consequences for the lives of same-sex couples in the global financial hub, who have historically faced fewer rights compared to their heterosexual counterparts.
A Long-Awaited Triumph for Equality
The court’s dismissal of the government’s appeals marks the end of legal battles spanning several years, which challenged the differential treatment faced by same-sex couples married overseas under Hong Kong’s housing and inheritance laws. Chief Justice Andrew Cheung, in his judgment, stated that the exclusionary housing policies argued to benefit opposite-sex married couples by increasing their access to subsidized housing could not be justified, as authorities failed to provide evidence of the potential impact on these couples if the policies were relaxed.
Similarly, judges Roberto Ribeiro and Joseph Fok ruled that the disputed inheritance law provisions were “discriminatory and unconstitutional.” The landmark rulings acknowledge that same-sex couples can love each other and deserve to live together, as emphasized by Nick Infinger, a permanent resident who first launched a judicial review against the Housing Authority in 2018 after being denied the right to rent a public flat with his husband due to their marriage in Canada not being recognized in Hong Kong.
A Bittersweet Victory
The court’s decisions also mark the end of a long legal journey for Henry Li and his late partner, Edgar Ng. The couple, who married in Britain in 2017, faced challenges when the Housing Authority refused to add Li as an authorized occupant of the subsidized flat Ng had purchased as their matrimonial home, stating that same-sex married partners did not fall within the definition of “spouse.” Ng, who suffered from depression for years, tragically passed away in 2020, leaving Li to continue their fight for equality.
Without you by my side, the arguments of the government and the Housing Authority in the cases seemed to become more cruel, causing me even more distress, but our cases have finally reached their conclusion.
– Henry Li, in a message to his late husband, Edgar Ng
The Road to Recognition
Hong Kong currently recognizes same-sex marriage only for certain purposes, such as taxation, civil service benefits, and dependent visas. Many of these concessions were won through legal challenges, reflecting the city’s growing social acceptance of same-sex unions. In September 2023, the top court ruled that the government should provide a framework for recognizing same-sex partnerships, making Hong Kong the only place in China to grant such recognition.
Lower courts had previously ruled in 2020 and 2021 that the housing policies in question violated the constitutional right to equality and that excluding same-sex spouses from inheritance law benefits constituted unlawful discrimination. The government’s challenges to these decisions were subsequently lost at the court of appeal in October 2023, leading to the final appeal at the top court.
A Call for Full Marriage Equality
While the court’s rulings represent a significant step forward for LGBTQ+ rights in Hong Kong, activists and advocacy groups, such as Hong Kong Marriage Equality, are calling on the government to end the exclusion of same-sex couples from marriage altogether. Co-founder Jerome Yau emphasized that the court’s decisions make it clear that “same-sex marriage is just the same as heterosexual marriage,” and urged the government to take action to ensure full equality.
As Hong Kong continues to grapple with the issue of same-sex marriage recognition, the recent court rulings serve as a powerful reminder of the ongoing struggle for LGBTQ+ rights in the city. While there is still much work to be done to achieve full equality, these landmark decisions offer hope and validation to the countless same-sex couples who have long fought for their love to be recognized and protected under the law.
The Global Context
The fight for LGBTQ+ rights and same-sex marriage recognition is a global one, with countries around the world at various stages of progress. While some nations, such as the Netherlands, Belgium, and Canada, have long recognized same-sex marriage, others continue to struggle with the issue. In Asia, Taiwan became the first country to legalize same-sex marriage in 2019, while Japan’s court recently ruled that the country’s ban on same-sex marriage is unconstitutional, paving the way for potential legislative changes.
Hong Kong’s recent court rulings, while not granting full marriage equality, represent an important step forward in the region and serve as an example of the power of legal challenges in advancing LGBTQ+ rights. As the city continues to navigate this complex issue, the international community will be watching closely, with the hope that Hong Kong will eventually join the growing list of jurisdictions that recognize and protect the love and commitment of all couples, regardless of their sexual orientation.
Looking to the Future
As Hong Kong’s LGBTQ+ community celebrates this hard-fought victory, attention now turns to the future and the work that still needs to be done to achieve full equality. Advocates and activists will continue to push for legislative changes that grant same-sex couples the same rights and protections as their heterosexual counterparts, including the right to marry and start a family.
The recent court rulings have not only provided tangible benefits to same-sex couples in terms of inheritance and housing rights but have also sent a powerful message of validation and acceptance. By recognizing the love and commitment of same-sex couples, the court has affirmed their dignity and humanity, and has taken an important step towards creating a more inclusive and equitable society.
As Hong Kong continues on its journey towards full LGBTQ+ equality, the resilience, determination, and love of its community will undoubtedly serve as a guiding light. With each legal victory and societal shift, the city moves closer to a future where all individuals, regardless of their sexual orientation, are able to live authentically and without fear of discrimination.
The road ahead may be long and challenging, but the recent court rulings have shown that change is possible and that the tireless efforts of activists, advocates, and everyday citizens can make a real difference in the lives of LGBTQ+ individuals and families. As Hong Kong’s LGBTQ+ community looks to the future with renewed hope and determination, the world watches on, inspired by their courage and committed to supporting their fight for equality.
