Appeal to accept ruling after another legal win for gays

The Court of Appeal has ruled in favor of a late gay homeowner's wish to let his husband inherit his subsidized Home Ownership Scheme flat three years after he committed suicide.

The ruling protecting the inheritance rights of same-sex couples is the latest victory for the LGBTQ - lesbian, gay, bisexual, transgender and questioning - community.

The court ruled in favor of Edgar Ng Hon-lam's judicial review three years ago challenging the government in the Intestates' Estates Ordinance for not allowing same-sex couples to inherit their partner's estate, and dismissed the government's appeal yesterday.

Court of Appeal judges Peter Cheung Chak-yau, Maria Yuen Ka-ning and Thomas Au Hing-cheung said the "secretary for justice has failed in all the grounds of appeal."

Cheung added: "[Despite same-sex married couples having testamentary freedom] ... they are still excluded from taking the benefits of the provisions of the IEO and Inheritance [Provision for Family and Dependents] Ordinance because they had entered into a same-sex marriage. The difference in treatment is, in my view, based on their sexual orientation."

Ng had not made a will, Cheung said. But if Ng had made one and it was found to be invalid, his testamentary freedom might not be protected as his husband does not have inheritance rights under the IEO, he added.

Ng married Henry Li Yik-ho in the United Kingdom in 2017. But Ng committed suicide in 2020 due to depression when the case was still ongoing.

Li urged the government to respect the ruling.

"I was deeply saddened by my husband's death but the government constantly denied our marriage and regarded us as two strangers, which was like rubbing salt in the wound for family members who were still mourning," he said.

"Hon-lam filed the judicial review to protect me so that I would not become homeless while losing him at the same time. But for me it's more important to restore basic respect for my husband."

Nongovernment organization Hong Kong Marriage Equality also called on the government not to appeal the judgment so as not to prolong the ordeal.

"Together with the recent court rulings in public housing and same-sex partnership cases, it is clear that same-sex partnerships should be recognized in a comprehensive manner," it said.

The group said the city should allow same-sex couples to live a dignified life as it "prides itself on being an open, diverse and forward-looking city."

It added: "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 protection for their family.

"The exclusion of same-sex couples from the marriage system is not only discriminatory but also an affront to their dignity and well-being."

On another LGBTQ front, Executive Council convener Regina Ip Lau Suk-yee said she will be the guest of honor at the Gay Games to be held in Hong Kong next month.

Hong Kong is the first Asian city to host the Gay Games, she said, but hosting the event does not mean the city will embrace same-sex marriage as the Court of Appeal has ruled that it is incompatible with the legislative intent of the Basic Law.

wallis.wang@singtaonewscorp.com