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Hong Kong’s Same-Sex Couples Get Legal Victory over Inheritance Law


Hong Kong court
 ruled that under the inheritance law, same-sex should receive equal treatment in stepping up for LGBT rights in the finance hub.

The law does not allow same-sex marriage and not recognise foreign unions, but in recent years limited recognition has been granted through several landmark rulings.

Last year a gay Hong Konger, Edgar Ng has launched a legal challenge against the inheritance and intestacy laws of the city, alleging discrimination based on sexual orientation.

According to the court’s document, Edgar had brought a government-subsidised flat in 2018, a year after marrying his partner in London. But under the Hong Kong’s housing policy, his husband cannot be recognised as the joint homeowner and Edgar concerned that should he die without a will, his property would not be passed to his partner.

On Friday, Judge Anderson Chow handed down the judgement saying that the exclusion of spouses in same-sex marriages from their legal entitlements “constitutes unlawful discrimination” and added that the “differential treatment is not justified”.

The association said, “The government should seize this opportunity to work with the LGBT+ community to implement marriage equality in the city”, and through a campaign, with Hong Kong Marriage Equality added it as an “important victory”.

However, Excitement about the legal winning was tempered by a separate ruling on Friday, which was rejected for a judicial review on recognising overseas gay marriage into Hong Kong’s law.

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