Hong Kong’s top court upheld three prior rulings in favour of housing and inheritance rights for same-sex couples, in what has been hailed as a landmark victory for LGBTQ+ rights in the region.

With a decision passed on Tuesday, November 26, the Court of Final Appeal in Hong Kong upheld rulings delivered by a lower court, which deemed that the exclusion of married same-sex couples from equal inheritance rights and subsidised housing benefits was unconstitutional. The ruling was passed after the Housing Authority and Secretary for Justice in Hong Kong appealed to reverse the lower court’s rulings.

In the unanimous decision, judges Andrew Cheung, Robert Ribeiro, Joseph Fok, Johnson Lam and Frank Stock stated that they rejected the government’s arguments that same-sex couples were not comparable to opposite-sex couples in terms of such rights. While acknowledging the limited resources the housing authority works with, Chief Judge Cheung said this “in no way lessens the necessity of allocating social welfare benefits on a rational and justifiable basis, free from discrimination.”

Following the ruling, a spokesperson for the Hong Kong government said that it respects the Court of Final Appeal’s decision. “We will study the judgment thoroughly and seek legal advice from the Department of Justice for appropriate follow-up actions,” the spokesperson said.

LGBTQ+ activists welcomed the court’s decision, calling on the Hong Kong government to end the exclusion of same-sex couples from marriage rights. Jerome Yau, co-founder of Hong Kong Marriage Equality, told reporters that “the court made it very clear that same-sex marriage is just the same as heterosexual marriage”.

Similarly, Nick Infinger, who brought one of the challenges before the courts, said: “I’ve been fighting for LGBTQ rights for over 10 years. Finally, there is something to show for it.” He added: “The court’s verdict today can be seen as an affirmation of same-sex couples’ love and (their right to) live together. This is very important.”

A second challenge was brought forward by Henry Li and his late partner, Edgar Ng, who were excluded from housing and inheritance rights after marrying in the UK in 2017. While the ruling was a significant victory, Mr Li expressed deep sorrow over Ng’s passing in 2020, which prevented them from experiencing the benefits of their hard-fought win.

“It has been more than four years since this court case started. I sincerely hope that upon thoughtful consideration, the Housing Authority would not appeal and let this matter rest, and at last let Edgar rest in peace,” Mr Li said in a statement.

“Without you by my side, the arguments of the government and the Housing Authority in the cases seemed to become more cruel, causing me even more distress,” he wrote. “Our cases have finally reached their conclusion.”

The ruling is expected to have a broad impact on the lives of LGBTQ+ people in the region, who have historically had access to fewer rights than their heterosexual counterparts. At present, Hong Kong recognises same-sex marriages performed abroad only for certain purposes, such as taxation, civil service benefits and dependent visas.

In September 2023, the same court issued a ruling in favour of LGBTQ+ rights, ordering the region’s government to create a legal framework for same-sex partnerships. The government has two years since the ruling was delivered to introduce new protections for same-sex couples, such as civil partnerships or unions.