Hong Kong Court Upholds Same-Sex Couples' Equal Inheritance Rights
Hong Kong Court of Appeal rejects government motion, marking yet another victory for the city's LGBTQ+ community as differential treatment under inheritance laws is deemed unlawful discrimination.
- The Hong Kong Court of Appeal dismissed a government appeal, upholding a ruling that same-sex married couples should have equal inheritance rights, marking another victory for the city's LGBTQ+ community.
- Justice of Appeal Thomas Au noted the differential treatment of same-sex couples married overseas was an 'unacceptably harsh burden', while Justice of Appeal Peter Cheung stated the 'differential treatment based on sexual orientation is apparent'.
- The ruling was part of a years-long legal battle launched by Henry Li and his late partner, Edgar Ng, who were married in Britain in 2017 and worried about inheritance rights for their property in Hong Kong.
- Following the court's ruling, Li stated, 'It added insult to injury that the government repeatedly argued in open court I am not Edgar's husband and should be treated as a stranger to him, while I was still mourning'.
- The verdict follows a series of legal victories for same-sex couples in Hong Kong, including rulings in favor of subsidized housing benefits and the requirement for a governmental framework to recognize same-sex partnerships.
- Despite these advancements, same-sex marriage is still not legal in Hong Kong, though there has been growing social acceptance and several government concessions achieved via judicial challenges.