Bittersweet day for Hong Kong LGBT community as court rules in favour of inheritance rights between gay couple, but rejects foreign same-sex marriage bid
- Gay homeowner Edgar Ng wins case to allow husband to inherit estate
- Activist Jimmy Sham loses legal challenge for city to recognise foreign same-sex marriages
Hong Kong’s High Court ruled in favour of a gay homeowner seeking equal inheritance rights for his partner, but rejected a bid to recognise foreign same-sex marriages in a bittersweet day involving two important judgments on the rights of sexual minorities in the city.
Mr Justice Anderson Chow Ka-ming ruled on two separate cases on Friday, a year after he concluded the government had no positive obligation to provide an alternative legal framework for equal treatment as it was not unconstitutional to deny same-sex couples their right to marriage.
Ng, who was not in court on Friday, had applied for judicial review out of concern that his husband would not be able to inherit his estate in the absence of a will or other estate planning because their union in London was not considered a valid marriage in Hong Kong.
His husband, Henry Li Yik-ho, said they were very happy and excited about the victory as the court had ruled they could not be treated differently, but added that the case was only their first step and there could be more to follow as the law affected every aspect of life.
“It’s very tiring, we have mounted two challenges just for our home,” Li said, referring to his husband’s other bid for cohabitation in their government-subsidised flat, which had not yet been scheduled for substantive hearing. “I hope the government will take the initiative to ensure that all laws are constitutional.”