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Landmark court ruling overturns ‘oppressively unfair’ anti-LGBT Hong Kong housing policy | Landmark court ruling overturns ‘oppressively unfair’ anti-LGBT Hong Kong housing policy |
(about 1 month later) | |
Hong Kong’s High Court ruled on Friday that housing policies “constitute unlawful discrimination” by not acknowledging same-sex partners as a tenant’s family member, marking a landmark victory for LGBT rights in the region. | Hong Kong’s High Court ruled on Friday that housing policies “constitute unlawful discrimination” by not acknowledging same-sex partners as a tenant’s family member, marking a landmark victory for LGBT rights in the region. |
In its judgement, the High Court stated that current housing policies violate the region’s Basic Law constitution and Bill of Rights by denying joint occupancy and ownership rights to same-sex couples. | In its judgement, the High Court stated that current housing policies violate the region’s Basic Law constitution and Bill of Rights by denying joint occupancy and ownership rights to same-sex couples. |
The ruling claimed that the subsidized housing policy is “oppressively unfair” and “constituted unlawful discrimination on the basis of sexual orientation,” ordering the authority to rectify the system. | The ruling claimed that the subsidized housing policy is “oppressively unfair” and “constituted unlawful discrimination on the basis of sexual orientation,” ordering the authority to rectify the system. |
The case had been brought by same-sex couple Henry Li and his now-deceased partner Edgar Ng against the regional government, marking their second victory for LGBT rights in Hong Kong. The duo had purchased a government-subsidized flat in 2018 but were prevented from filing for joint ownership under the housing policy, as the system only recognized nine categories of relationships, including heterosexual couples, such as a husband and wife. | The case had been brought by same-sex couple Henry Li and his now-deceased partner Edgar Ng against the regional government, marking their second victory for LGBT rights in Hong Kong. The duo had purchased a government-subsidized flat in 2018 but were prevented from filing for joint ownership under the housing policy, as the system only recognized nine categories of relationships, including heterosexual couples, such as a husband and wife. |
Celebrating the ruling, Li called it a “bittersweet” moment, urging authorities to “timely, proactive actions to protect fundamental rights,” so other couples do not have to suffer the legal or emotional challenges of discriminatory policies. | Celebrating the ruling, Li called it a “bittersweet” moment, urging authorities to “timely, proactive actions to protect fundamental rights,” so other couples do not have to suffer the legal or emotional challenges of discriminatory policies. |
Previously, Li and Ng secured a win in a 2020 court ruling that declared same-sex couples have equal rights to inheritance as their heterosexual counterparts. While Hong Kong does not recognize same-sex couples, the court system allows LGBT individuals to challenge existing policies that they believe discriminate against them. | Previously, Li and Ng secured a win in a 2020 court ruling that declared same-sex couples have equal rights to inheritance as their heterosexual counterparts. While Hong Kong does not recognize same-sex couples, the court system allows LGBT individuals to challenge existing policies that they believe discriminate against them. |
In response to the Friday ruling, the Hong Kong housing authority said it will “take appropriate action after studying the judgement in detail and seeking legal advice.” | In response to the Friday ruling, the Hong Kong housing authority said it will “take appropriate action after studying the judgement in detail and seeking legal advice.” |
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