Letters | Hong Kong courts back rights of gay couples. The government should too

Readers discuss the court rulings upholding equal rights on housing and inheritance, the city’s less-than-busy roads, what sets Singapore’s housing estates apart, and Australia’s social media ban

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A survey last year found that 60 per cent of Hongkongers supported same-sex marriage. Photo: Shutterstock

Published: 11:30am, 2 Dec 2024

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I refer to the article, “Hong Kong court upholds 3 rulings granting equal housing, inheritance rights to gay couples” (November 26).

One good litmus test of the robustness of the rule of law in a given jurisdiction is when the courts come out with decisions against the government. The court, in this case the Court of First Instance, had already sided with the LGBT petitioners as early as 2020, but the government, at the time under the Carrie Lam Cheng Yuet-ngor administration, decided to challenge the decision.

Said challenges continued under the current administration, but the Court of Final Appeal unanimously decided to put an end to this discussion with a landmark decision in favour of same-sex married couples concerning housing and inheritance rights.

One should consider why the government decided to pursue these cases. If it was in representation of the population, one would assume there would be a majority backing such action, which does not seem to be the case. According to a survey conducted by three universities last year, 60 per cent of Hongkongers supported same-sex marriage. A similar study published in 2018 found 50 per cent of Hongkongers in favour.

Meanwhile, a born and raised Hongkonger was forced to go through hell to create a home with his same-sex spouse, also a Hong Kong permanent resident and whom he married in London. He launched two judicial reviews in 2019, one challenging inheritance rules and the other against Housing Authority regulations. After he died in 2020, his partner carried on with the legal challenges. They are at last vindicated.