The government of Hong Kong has argued in a top court case that only heterosexual married couples have the legal responsibility to financially support one another. This challenge came after the High Court and the Court of Appeal ruled in favor of giving same-sex couples who married overseas the same inheritance rights as heterosexual married couples.
The case was brought to light by Edgar Ng in 2019 when he sought a judicial review after realizing that his husband, Henry Li, could not inherit Ng’s government-subsidized flat without a will. Even though same-sex marriage is not legal in Hong Kong and overseas same-sex marriages are not recognized, the Court of Final Appeal ruled last September that a legal framework must be established to recognize same-sex unions.
Monica Carss-Frisk, representing the government, argued that same-sex couples who married overseas were not considered married under Hong Kong law. She pointed out that only heterosexual couples had the legal responsibility to support each other financially, according to inheritance laws in Hong Kong. This means that only those in a “valid marriage” can inherit their partner’s property if they pass away without a will, excluding same-sex couples.
Activists have criticized the limited rights and protection for the LGBTQ community in Hong Kong and see the judicial system as a beacon of hope for reversing discriminatory laws. The government was given a two-year deadline to establish a mechanism for legal recognition of same-sex relationships after the landmark ruling last September.
During the court proceedings, Carss-Frisk argued against changing the definition of marriage in the context of inheritance laws until a framework for legal recognition of same-sex relationships was established. On the other hand, Timothy Otty, representing Li, emphasized that same-sex partners should be treated equally and argued against the government’s suggestion that writing a will could solve the inheritance issue.
The Court of Final Appeal’s five-judge panel will announce their verdict at a later date, as they also heard a case regarding equal housing rights for same-sex couples. The government challenged a lower court’s decision to offer equal housing rights, claiming that public housing was meant for “traditional families.”
In conclusion, the legal battle for equal inheritance rights for same-sex couples in Hong Kong continues, with activists and lawyers advocating for equality and fair treatment under the law. The outcome of these court cases will have significant implications for the LGBTQ community and the recognition of same-sex relationships in the city.