(Bloomberg) -- Hong Kong’s top court ruled that the government cannot disqualify same-sex couples from applying for public housing, marking the latest legal victory for the city’s LGBTQ community.
The decision, delivered by Hong Kong’s Court of Final Appeal on Tuesday, upheld previous court rulings and marked the end of a six-year legal battle that began when resident Nick Infinger launched a judicial review against the city’s Housing Authority. Infinger argued that the government denied same-sex partners from public rental housing on grounds that they are not considered “ordinary families,” violating Hong Kong’s Bill of Rights and the Basic Law.
The court also ruled in favor of Henry Li and his late partner Edgar Ng, who had married in Britain in 2017 and bought a subsidized flat. The Housing Authority had refused to add Li as an authorized occupant of the flat because same-sex married partners did not fall within its definition of “spouse.”
The Housing Authority said in a statement that it respected the decision, that it would study the judgment and seek legal advice on any future actions.
It’s the latest victory for the LGBTQ community in the Asia finance hub. Last year, the top court ruled that the government’s failure to offer same-sex couples a legal framework for recognition was a violation of the city’s Bill of Rights, and ordered it to establish laws recognizing same-sex partnerships.
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