Married gay man sues Hong Kong government over rejected public housing application
- Housing Authority’s policy – based on dictionary definitions of ‘husband’ and ‘wife’ – is illegal, unconstitutional and unreasonable, argue same lawyers who won review of spousal visa policy in July
A gay man is suing the Hong Kong government for denying him a public housing flat – because he is married to another man.
In a judicial review application filed to the High Court on Thursday, Nick Infinger argued the Housing Authority’s decision was unconstitutional under the Hong Kong Bill of Rights and the Basic Law, the city’s mini-constitution.
It followed several high-profile LGBT court cases in the city in recent years but was the first to affect low-income couples.
Human rights lawyer Michael Vidler, representing Infinger, said: “It’s easier to believe only foreigners would be gay, lesbian and transsexual. But the fact is the vast majority are permanent residents, born and bred [here].”
Vidler and barrister Timothy Parker in July successfully challenged the city’s policy of not granting same-sex partners spousal visas, in a case mounted by a British citizen, known in court as QT.
Hong Kong does not recognise same-sex marriage.