Berliner Boersenzeitung - Hong Kong top court affirms housing, inheritance rights for same-sex couples

EUR -
AED 4.120156
AFN 72.364884
ALL 90.803943
AMD 404.528384
ANG 2.007949
AOA 1029.898611
ARS 1734.077131
AUD 1.621035
AWG 2.022213
AZN 1.906081
BAM 1.955937
BBD 2.253758
BDT 138.979752
BGN 1.960881
BHD 0.42253
BIF 3354.750342
BMD 1.121894
BND 1.432207
BOB 13.298696
BRL 6.180617
BSD 1.118979
BTN 105.025369
BWP 15.374599
BYN 3.350535
BYR 21989.116896
BZD 2.250558
CAD 1.584148
CDF 2570.258612
CHF 0.919678
CLF 0.027618
CLP 1086.958598
CNY 7.486172
CNH 7.481113
COP 3675.536984
CRC 506.835563
CUC 1.121894
CUP 26.855884
CVE 110.270772
CZK 24.341896
DJF 199.263982
DKK 7.475391
DOP 68.084777
DZD 152.624682
EGP 60.451115
ERN 16.828406
ETB 180.792892
FJD 2.526282
FKP 0.835984
GBP 0.834594
GEL 2.90596
GGP 0.835984
GHS 13.075684
GIP 0.835984
GMD 83.020251
GNF 9913.739794
GTQ 8.5506
GYD 234.582278
HKD 8.799058
HNL 30.074574
HRK 7.59411
HTG 146.670291
HUF 362.320075
IDR 20262.354178
ILS 3.543827
IMP 0.835984
INR 104.947573
IQD 1699.668985
IRR 2134162.158274
ISK 137.16221
JEP 0.835984
JMD 177.762473
JOD 0.795385
JPY 177.333286
KES 145.756022
KGS 98.109695
KHR 4566.320402
KMF 492.511066
KPW 1009.704304
KRW 1510.529067
KWD 0.348718
KYD 0.932565
KZT 502.045227
LAK 25242.608639
LBP 100206.73114
LKR 372.066107
LRD 190.233348
LSL 18.477482
LTL 3.31266
LVL 0.678622
LYD 7.190505
MAD 10.932472
MDL 20.170415
MGA 5155.101381
MKD 61.541364
MMK 2355.63634
MNT 4040.44421
MOP 9.037734
MRU 45.421187
MUR 52.76234
MVR 17.288641
MWK 1940.336146
MXN 20.784538
MYR 4.548717
MZN 71.700386
NAD 18.477574
NGN 1510.069344
NIO 41.083519
NOK 10.545145
NPR 168.037795
NZD 1.990812
OMR 0.43133
PAB 1.119079
PEN 3.85047
PGK 5.036742
PHP 70.770227
PKR 310.314733
PLN 4.385572
PYG 6994.490778
QAR 4.090487
RON 5.342349
RSD 117.608052
RUB 92.555869
RWF 1655.516162
SAR 4.218787
SBD 9.084309
SCR 16.429785
SDG 674.81632
SEK 10.994205
SGD 1.434341
SHP 0.834773
SLE 25.747516
SLL 23525.555278
SOS 639.544875
SRD 42.129343
STD 23220.934893
STN 24.501719
SVC 9.791687
SYP 14586.861783
SZL 18.395799
THB 37.502602
TJS 10.272421
TMT 3.937847
TND 3.374093
TOP 2.701251
TRY 56.347225
TTD 7.589533
TWD 36.871595
TZS 2967.406681
UAH 50.976387
UGX 4582.239831
USD 1.121894
UYU 45.123166
UZS 13422.941839
VES 1006.540888
VND 28695.797549
VUV 134.628489
WST 3.11898
XAF 655.957
XAG 0.021165
XAU 0.000272750831
XCD 3.031974
XCG 2.016742
XDR 0.793237
XOF 655.957
XPF 119.331742
YER 265.336214
ZAR 18.376058
ZMK 10098.392022
ZMW 22.743596
ZWL 361.24932
SSP 6446.193262
MXV 2.33655
  • CMSD

    -0.1200

    19.81

    -0.61%

  • JRI

    0.0000

    10.77

    0%

  • BCC

    -1.8200

    74.15

    -2.45%

  • CMSC

    -0.2228

    19.53

    -1.14%

  • BCE

    0.2000

    20.34

    +0.98%

  • RIO

    0.0100

    94.17

    +0.01%

  • AZN

    -2.7400

    161.47

    -1.7%

  • GSK

    -1.1800

    48.17

    -2.45%

  • RBGPF

    0.0000

    65

    0%

  • NGG

    0.8800

    75.82

    +1.16%

  • RYCEF

    -0.7300

    19.08

    -3.83%

  • BTI

    -0.4500

    54.4

    -0.83%

  • BP

    0.4700

    43.99

    +1.07%

  • RELX

    -0.0600

    33.18

    -0.18%

  • VOD

    -0.1800

    16.15

    -1.11%

Hong Kong top court affirms housing, inheritance rights for same-sex couples
Hong Kong top court affirms housing, inheritance rights for same-sex couples / Photo: ISAAC LAWRENCE - AFP/File

Hong Kong top court affirms housing, inheritance rights for same-sex couples

Hong Kong's top court ruled Tuesday to affirm housing and inheritance entitlements for same-sex couples, siding against the government in favour of LGBTQ rights protection.

Text size:

The ruling comes after a landmark 2023 decision -- also by the Court of Final Appeal -- shut the door on legalising same-sex marriage, but gave the government two years to set up a framework for other rights for such couples.

It marked the end of a six-year legal battle that began when resident Nick Infinger took the government to court over a policy that excluded him and his partner from public rental housing on the grounds they were not an "ordinary family".

The case was later heard together with that of Henry Li and his late husband, Edgar Ng, who challenged government policies on subsidised housing and inheritance rules that barred same-sex couples.

"The Court unanimously dismisses" the appeals brought by the Hong Kong government, chief judge Andrew Cheung wrote in two court rulings.

Advocacy group Hong Kong Marriage Equality applauded Tuesday's court rulings and urged the government "to immediately end the exclusion of same-sex couples from marriage".

Support for same-sex marriage in Hong Kong has grown over the past decade and hit 60 percent last year, according to a survey conducted jointly by three universities.

LGBTQ activists say they hope the mandated upcoming framework can protect rights in a more comprehensive way, instead of them relying on incremental victories in court.

The government told AFP in September that it "has been studying the range of issues involved and formulating implementation details" on protecting same-sex couples' legal rights.

- Housing and inheritance -

In his ruling, chief judge Cheung said policies that excluded same-sex couples from public rental flats and subsidised flats sold under the city's Home Ownership Scheme "cannot be justified".

"(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 added.

Public rental flats house around 28 percent of the city's 7.5 million people.

Lawyer Monica Carss-Frisk, representing the government, argued in an October hearing that housing policy was designed to support "procreation" among opposite-sex partners.

But Cheung responded at the time that opposite-sex couples without children were allowed to apply for public housing, many with no plans for offspring.

On the issue of inheritance, judges Joseph Fok and Roberto Ribeiro wrote in Tuesday's ruling that existing rules were "discriminatory and unconstitutional", adding that authorities had "failed to justify the differential treatment" of same-sex couples.

Under the law, same-sex couples could not benefit from the rules applicable to "husband" and "wife" when it came to distributing a deceased person's estate.

Lawyer Timothy Otty, representing Infinger and Li, had also pointed out in October that the government had undersold the difficulties faced by same-sex couples when one member dies without a will.

Infinger and Li previously had won in lower courts, but the government in February took the cases to Hong Kong's highest appeals court, where they were heard by a panel of five local judges.

(Y.Yildiz--BBZ)