Hong Kong upholds same-sex couples' rights to inheritance
Oct. 24 (UPI) -- Hong Kong's Court of Appeals on Tuesday ruled that same-sex couples should have equal inheritance rights.
The appeals court upheld a lower court's ruling that same-sex couples should be covered under the Inheritance Provision for Family and Dependents Ordinance and the Intestates' Estates Ordinance after the government called for a review.
"Same-sex couples are simply seeking access to the institution of marriage that is available to other committed heterosexual couples -- and for the same mix of reasons, from affirming their love and commitment to providing security and protections for their family," the nongovernmental organization Hong Kong Marriage Equality said in a statement.
Hong Kong resident Edgar Ng asked for a judicial review of the laws in 2019 after he feared he couldn't pass on a home he bought to his husband, Henry Li, whom he married in Britain.
Hong Kong's inheritance laws define spouses as valid marriages between a man and a woman, excluding same-sex unions that take place overseas.
In September of 2020, the Court of First Instance allowed the review to proceed, ruling that excluding same-sex couples from the benefits of the inheritance laws was unlawful discrimination.
Hong Kong's secretary for justice then appealed the ruling, arguing that treating same-sex couples differently under the laws was justified because they were "materially distinguished" from heterosexual couples, citing other laws that treat same-sex couples differently.
Li took over as the review's applicant after Ng committed suicide in late 2020 and lodged a review after the government refused to recognize him as Ng's surviving spouse but dropped the challenge after receiving confirmation he would be treated equally when making pos-death arrangements.
Same-sex marriage supporters have long complained about Hong Kong's limited rights and protection for the LGBTQ community. They said they have turned to the judicial branch as a last resort.
Last month, Hong Kong's top court ruled in a different case that the government must provide an alternative legal framework recognizing same-sex relationships within two years.
