Hong Kong's Top Court Rules In Favour Of Equal Inheritance And Housing Benefits For Same-Sex Couples
Date
11/26/2024 5:00:46 AM
(MENAFN- Live Mint) Hong Kong's top court on Tuesday upheld earlier rulings that favored subsidized housing benefits and equal inheritance rights for same sex married couples. This landmark ruling reflects growing social acceptance of LGBTQ rights in the city.
The Court of Final Appeal's rejection of the government's appeals concluded several years of legal disputes concerning the differential treatment of overseas-married same-sex couples under Hong Kong's Housing Authority policies and two inheritance laws.
The unanimous rulings are anticipated to significantly influence the lives of same-sex couples, who have historically been granted fewer rights than their heterosexual counterparts in the global financial center.
Also Read | Hong Kong is becoming hub for financial crime, US lawmakers say
In his judgement, Chief Justice Andrew Cheung said exclusionary housing policies were argued to be beneficial to opposite-sex married couples because they increase the supply of subsidized housing for them and thereby support the institution of traditional families.
But Cheung said authorities failed to provide evidence showing the potential impact on opposite-sex couples if those policies were relaxed.
“The challenged policies cannot be justified,” he wrote.
On the inheritance laws, judges Roberto Ribeiro and Joseph Fok ruled that the disputed provisions are“discriminatory and unconstitutional" in their written judgement.
Also Read | He rose to riches in Hong Kong. Now he's a symbol of China's crackdown.
Hong Kong does not recognize same-sex marriage, prompting some couples to marry elsewhere.
Currently, the city only recognizes same-sex marriage for certain purposes such as taxation, civil service benefits and dependent visas. Numerous concessions from the government have been achieved via legal challenges, and there has been an increasing societal acceptance of same-sex marriage in the city.
In September 2023, the top court ruled that the government should provide a framework for recognizing same-sex partnerships. This ruling, along with other successful legal challenges brought by members of the LGBTQ community , made Hong Kong the only place in China to grant such recognition for same-sex couples.
MENAFN26112024007365015876ID1108926881
Legal Disclaimer:
MENAFN provides the information “as is” without warranty of any kind. We do not accept any responsibility or liability for the accuracy, content, images, videos, licenses, completeness, legality, or reliability of the information contained in this article. If you have any complaints or copyright issues related to this article, kindly contact the provider above.