Hong Kong Court Grants Inheritance Rights To Same-Sex Married Couples Dismissing Govt Appeal

The Court of Appeal in Hong Kong deemed the denial of inheritance rights to same-sex married couples to be an "unacceptably harsh burden".

In a landmark ruling, the Court of Appeal in Hong Kong has dismissed a government appeal aimed at denying same-sex married couples their inheritance rights. The court deemed the denial of these rights to be an "unacceptably harsh burden", news agency Reuters reported. This judgment marks another significant legal victory for advocates of LGBTQ+ rights in the bustling global financial hub. Hong Kong's current legal framework does not recognise same-sex marriage, leading some couples to wed in countries where it is legal. 

Activists contend that this trend could prompt other Asian jurisdictions, such as Singapore and Japan, to reconsider their positions on inclusion, according to a Reuters report.

The ruling on Tuesday was in response to a city government appeal lodged in December, challenging a 2020 court decision that declared same-sex married couples should enjoy equal rights under the city's inheritance laws.

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

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

While some activists welcomed this decision, they also called for more comprehensive reform. Jerome Yau, from the group Hong Kong Marriage Equality, stated, "We have been saying the best option for the government is to implement a comprehensive system to recognise same-sex partnership." He emphasised that same-sex marriage is the "only proven and permanent solution for Hong Kong", the report mentioned.

It's worth noting that in September, Hong Kong's top court ruled against same-sex marriage but granted the government a two-year window to establish a legal framework for recognising unions between same-sex couples.

In a related development, the Court of Appeal in Hong Kong recently dismissed a government attempt to deny same-sex married couples the right to rent and own public housing. The court described this attempt as "discriminatory in nature" and a complete denial of these couples' rights, the report stated.