Hong Kong appeals courtroom upholds gay couple’s equal inheritance rights – JURIST


Hong Kong’s Court docket of Enchantment upheld gay {couples}’ proper to inheritance by dismissing on Tuesday an attraction from the Secretary for Justice. The attraction sought to determine that gay and heterosexual {couples} are usually not entitled to the identical rights beneath Hong Kong’s inheritance legal guidelines.

The case centered round Edgar Ng and Li Yik Ho’s concern over inheritance legal guidelines. Ng beforehand utilized for judicial assessment of Hong Kong’s inheritance legal guidelines in 2019 as he was fearful that his Li, his gay companion, wouldn’t be entitled to inherit his properties if he died with no will. The Court docket of First Occasion allowed Ng’s assessment and located in favor of him in September 2020.

Nevertheless, the Secretary for Justice appealed towards the Court docket of First Occasion’s ruling. Lawyer Abraham Chan represented the Secretary for Justice within the attraction. Throughout the appellate listening to, he espoused that gay and heterogenous {couples} had been entitled to completely different rights beneath Hong Kong’s inheritance legal guidelines as a result of they represent two materially distinguished teams.

Nonetheless, the Court docket of Enchantment’s three-judge panel unanimously upheld the Court docket of First Occasion’s ruling. The Court docket of Enchantment stated that the Secretary for Justice failed on his grounds of attraction and agreed with the Court docket of First Occasion to find that differential therapy of gay and heterogenous {couples} constituted discrimination towards gay {couples}.

Upon receiving Tuesday’s judgment, Li wrote on Fb:

I hope the Authorities will respect right now’s judgment and in the end give Edgar the respect and dignity he’d at all times deserved … The current attraction is the seventh case through which the Hong Kong [c]ourts confirmed that there must be authorized safety for same-sex {couples}.

This isn’t the primary time Hong Kong courts have handed down judgments with respect to the rights of gay {couples}. On September 5, the Hong Kong Court docket of Closing Enchantment found that the Hong Kong authorities has an obligation to legally acknowledge gay relationships. On October 17, the Hong Kong Court docket of Enchantment dismissed appeals from the Hong Kong Housing Authority which sought to uphold the constitutionality of excluding gay {couples} from authorized housing advantages as married {couples}.

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