Hong Kong’s top court rules in favour of equal inheritance, housing benefits for same-sex couples- The Week

In a major ruling, Hong Kong’s top court on Tuesday upheld the earlier rulings that favoured subsidised housing benefits and equal inheritance rights for same-sex married couples.

The Court of Final Appeal’s dismissal of the government’s appeals ended yearslong legal battles over the disparity in treating same-sex couples married overseas under Hong Kong’s Housing Authority policies and two inheritance laws.

The yearslong legal battle was initiated by Nick Infinger, who along with his partner was denied public rental housing because they were not recognised as an “ordinary family”.

Chief Justice Andrew Cheung in his judgement said that exclusionary housing policies were argued to be beneficial to opposite-sex married couples because they increase the supply of subsidised housing for them and thereby support the institution of traditional families.

Cheung said that the policies excluding same-sex couples from public rental housing and the Home Ownership Scheme could not be justified.

Infinger expressed gratitude over the landmark ruling. He also said that achieving full equality for the LGBT+ community in Hong Kong would take time.

“I hope Hong Kong can become more equal and fair,” he said. Hong Kong still lags behind Taiwan and Thailand when it comes to LGBTQ+ rights protection.

The ruling comes following a 2023 decision by the court that, while rejecting the legislation of same-sex marriage, gave the government two years to establish an “alternative legal framework” to protect the rights of same-sex couples.

According to a 2023 survey, 60 per cent of Hong Kong residents were in favour of same-sex marriage.