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Quinton Chan

Unmarried couples with a child can now apply for public housing following an apparent policy U-turn.

The Housing Department insisted the policy had been in place all along, but observers said they were unaware of it.

The change was apparently introduced after the department's policy on allocation of flats, requiring applicants to be married or have other family ties, came under criticism from the Equal Opportunities Commission.

Ho Hei-wah, the director of the Society for Community Organisation and an advocate of fairer housing, said he had no idea there had been a change.

'I have never heard anything about it. It would be unfair to the public if they changed the policy without making it known . . .'

Housing Authority member Wong Kwun said he believed the change came after the commission raised its concerns.

'This is a kind of discretionary system for such families,' he said. 'I think it is reasonable. But it is hard to open the system to all unmarried couples because they may change partners often.'

The rules state the relationship between an applicant and other members 'must either be husband and wife, parents, children, grandparents, grandchildren, unmarried brothers and sisters or other relatives who are willing to live together with and are dependants of the applicant'.

The Equal Opportunities Commission told housing officials in late 1999 that its policy might violate the Sex Discrimination Ordinance and Family Status Discrimination Ordinance.

A Housing Department spokeswoman said the key was for applicants to prove themselves a family unit.

'The most important thing is whether they are a family,' she said. 'If they have a child, then they can prove themselves a family and they are welcome to apply. It has always been the case.'

The department said it did not know how many flats had been allocated to unmarried couples with children as it kept no record. Gay couples would not benefit because, in law, 'married couple' means people of different gender.

A source said housing officials had told the commission they agreed in principle with the anti-discrimination watchdog, but were worried public housing benefits would be subject to abuse if unmarried couples without children were allowed to apply, since it would be difficult to verify their family status.

Officials were concerned an open-door policy could mean the Housing Authority would need more flats. The source said the authority would discuss the issue with the commission.

The commission believes people who have been living with their partners for a certain period are de facto spouses and should be allowed to apply for public rental flats, Home Ownership Scheme flats and housing loans.

They may be required to submit documents, such as joint bank account statements, to prove their relationship.

University of Hong Kong assistant law professor Eric Cheung Tat-ming said the change could have far-reaching implications. At present, unmarried couples are not entitled to certain legal rights.

'If the Government adopts an attitude that it does not make a distinction between married and unmarried couples, then could civil servants claim medical and housing benefits for their de facto spouses?' he asked. 'Could unmarried couples with children claim tax allowances as a family unit?'



Housing break for unmarried couples