Same-sex couple property and inheritance cases: Court of Final Appeal rules in favor of same-sex couples
The Public Housing and Home Ownership Scheme (HOS) of the Hong Kong Housing Authority currently does not recognize overseas marriages of same-sex couples, which prevents them from applying for public housing or living in HOS flats.
Several gay men have filed for judicial review, and both the Court of First Instance and the Court of Appeal ruled in their favor. The Housing Authority and the government previously appealed to the Court of Final Appeal, which ruled in favor of same-sex couples today (Nov. 26), rejecting the appeals from the Housing Authority and the government.
In one case, the appellant is the Hong Kong Housing Authority, while the respondents are Nick Infinger and Henry Li. In another, the appellant is the Secretary for Justice, and the respondent is Henry Li. The judicial review was originally initiated by Li's husband, Han Wu, and after his passing, Li took over the case.
Infinger’s application for public housing was denied when he returned to Hong Kong after marrying his same-sex partner in Canada, on the grounds that they did not meet the definition of "spouses".
Li's situation is even more complicated. After marrying his husband Han Wu in the UK, Wu purchased an HOS flat as he was eligible to purchase a flat in the HOS secondary market (Green Form Status). However, the Housing Authority does not recognize same-sex spouses as "family members".
Both cases were ruled in favor of the plaintiffs in the Court of First Instance. The Housing Authority appealed, but the Court of Appeal rejected the appeal, upholding the original ruling.
The Housing Authority and the government subsequently appealed to the Court of Final Appeal, raising six legal issues in an attempt to overturn the original ruling. The Housing Authority argued that housing policy aims to facilitate population growth, as opposite-sex couples can bear children, while the costs for same-sex couples to have children are higher. Thus, they should not be considered in the same category for public housing and HOS applications.
The appellants previously stated that same-sex couples can currently only register their marriages overseas, and Hong Kong law does not regulate divorce matters for same-sex couples. Moreover, the term "valid marriage" recognized in other policies and laws refers only to heterosexual marriages, so a consistent definition should be maintained to avoid confusion.
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