Hong Kong court rejects government bid to deny same-sex couples equal inheritance rights

Court says denial of rights to same-sex couples was ‘unreasonably burdensome’

Representational image: A Hong Kong court on 24 October 2023 upheld a ruling that favoured the granting of equal inheritance rights to same-sex couples in a victory for the city’s LGBT+ community (Associated Press)

A Hong Kong court upheld a ruling that supported the extension of equal inheritance rights to same-sex married couples in a significant triumph for the LGBT+ community in the bustling global financial centre.

Hong Kong law does not allow same-sex marriage so some couples get married in places abroad where it is legal.

Activists now hope the ruling could influence Asian countries like Singapore and Japan to reevaluate their own stances on inclusivity of those belonging to the LGBT+ community.

The Hong Kong Court of Appeal on Tuesday said denial of equal inheritance rights to same-sex couples was “unreasonably burdensome”.

The court’s ruling was a response to the city government’s appeal filed in December last year that challenged a 2020 court verdict endorsing equal rights for same-sex married couples under the city’s inheritance laws.

In a written judgment, Judges Peter Cheung, Maria Yuen and Thomas Au said the city’s secretary of justice, who led the government’s appeal, “failed on all grounds of appeal”.

“There’s no reason why foreign same-sex marriages cannot be similarly admitted as a matter of principle of equality of treatment,” the judges wrote.

The ruling involved a years-long battle fought by Henry Li and his late partner Edgar Ng.

After they married in London in 2017, Ng bought a subsidised flat as his matrimonial home with Li. He was concerned that if he died intestate, his proprieties would not be passed on to Li.

Ng died in 2020 after suffering years of depression.

While some activists welcomed this ruling, they also called for more comprehensive reforms.

“We have been saying the best option for the government is to implement a comprehensive system to recognise same-sex partnerships. It is our view that same-sex marriage is the only proven and permanent solution for Hong Kong,” said Jerome Yau, representing the group Hong Kong Marriage Equality.

In September, Hong Kong’s highest court ruled against same-sex marriage but granted the government a two-year window to create a legal framework for recognising unions between same-sex couples.

Last week, the Hong Kong Court of Appeal also rejected the government’s attempt to deny same-sex married couples the right to rent and own public housing, citing it as “discriminatory in nature” and a complete denial of these couples’ rights.

Additional reporting by agencies