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Hong Kong’s High Court upholds ruling protecting inheritance rights of same-sex couples, quashes government appeal

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Hong Kong’s High Court upholds ruling protecting inheritance rights of same-sex couples, quashes government appeal

Hong Kong’s High Court has upheld its decision to support a gay homeowner who had sought to ensure his husband’s inheritance rights, dismissing the government’s appeal to overturn the ruling.

The decision on Tuesday came after a years-long legal battle that started in 2019 when the late Edgar Ng Hon-lam applied for a judicial review of the city’s inheritance laws after learning he could not pass on a flat he bought under the Home Ownership Scheme to his husband, Henry Li Yik-ho.

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Hong Kong’s inheritance laws define marital spouses according to the city’s criteria that a valid marriage is between a man and a woman, excluding same-sex unions that took place overseas.

In September 2020, the High Court ruled that any exclusion of same-sex couples to legal entitlements and benefits relating to inheritance constituted unlawful discrimination on the grounds of sexual orientation.

The city’s justice minister lodged an appeal in the same year.

Li, who did not make appearance at the court on Tuesday, took over as the review’s applicant after Ng committed suicide in late 2020.

More to follow …

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