Hong Kong court upholds ruling favouring equal inheritance rights for same-sex couples

A Hong Kong court, on Tuesday (Oct 24), banished a government plea to outlaw the inheritance rights of same-sex married couples, stating that the denial of such requests is "an unacceptably harsh burden".

The ruling by Hong Kong's Court of Appeal, as per activists, is a legal victory for campaigners for LGBT rights in the global financial hub in 2023. The activists say that this trend could encourage other jurisdictions in Asia, like Singapore and Japan, to review their stand on inclusion.

The court's verdict came in response to an appeal made against a 2020 court decision that same-sex married couples should be able to enjoy equal rights under the city's inheritance laws.

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Hong Kong law does not permit same-sex marriage, as a result, many couples get married in the countries where it is legal.

Judges Peter Cheung, Maria Yuen and Thomas Au said in a written judgment that the city's secretary of justice, who led the government appeal, "failed in all grounds of appeal".

"There's no reason why foreign same-sex marriages cannot be similarly admitted as a matter of principle of equality of treatment," the judges wrote.

Some activists welcomed the decision but called for more comprehensive reform.

"We have been saying the best option for the government is to implement a comprehensive system to recognise same-sex partnership," said Jerome Yau, from the group Hong Kong Marriage Equality.

"It is our view that same-sex marriage is the only proven and permanent solution for Hong Kong," Yau told reporters.

Last week, a Hong Kong court rejected the government's attempt to deny same-sex couples the right to rent and own public housing.

“The differential treatment in the present cases is a more severe form of indirect discrimination than most cases because the criterion is one which same-sex couples can never meet,” said the ruling by the judges, according to reports.

Same-sex marriage in Hong Kong

Hong Kong does not have laws that explicitly allow same-sex marriage. However, there have been some developments and legal challenges in the region that may have had an impact on this issue since then.

It's worth noting that Hong Kong's top court ruled against legalising same-sex marriage in September.

At the same time, it affirmed the need for same-sex couples to have access to an alternative legal framework to meet their basic social requirements.

The government was given a two-year timeframe to create this framework.

(With inputs from agencies)

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