Editorial | Rights for same-sex couples and transgender people in Hong Kong long overdue
Progress on framework to protect “core rights” urgently required after decisions by Hong Kong’s top court on housing and inheritance
A landmark ruling by the top court in favour of equal housing and inheritance rights for married same-sex couples is the latest in a long line intended to ensure fairer treatment for the LGBTQ community.
Three cases were brought by two men who married their partners overseas. The Court of Final Appeal unanimously ruled specific Housing Authority policies on public rental housing and subsidised accommodation under the Home Ownership Scheme to be discriminatory and unjustified.
Another judgment found legislation to be unconstitutional because it prevents same-sex couples from bequeathing properties to surviving partners and makes it more difficult for them to seek financial support from the deceased’s estate.
The court rejected the Housing Authority’s claims that its policies were needed to uphold the traditional institution of marriage and prevent a lengthening of waiting times for flats. Steps must now quickly be taken to change the relevant policies and laws to provide fair and equal treatment.
The availability of affordable housing has long been one of the biggest problems facing Hong Kong. But there is little if any evidence to suggest the ruling will have much impact on waiting times.
Over the past 13 years, the courts have upheld the rights of same-sex couples on dependency visas, taxation and civil service benefits, while backing transgender people on the right to marry and to choose the gender on their identification documents.
