‘Piecemeal’ changes to Hong Kong inheritance laws ‘undesirable’, top court told

Court of Final Appeal hears arguments on equal inheritance rights for same-sex couples

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The top court has reserved judgment. Photo: Fung Chang

Published: 9:37pm, 8 Oct 2024

Legal counsel for the government has warned against introducing “piecemeal” amendments to Hong Kong’s intestacy laws before authorities conclude a review on the recognition of same-sex partnerships pursuant to a court order.

The same cast who featured in a Court of Final Appeal hearing on homosexual couples’ social welfare entitlements last week returned on Tuesday for a similar debate over equal inheritance rights.

The legal battle dates back to 2019 when applicant Edgar Ng Hon-lam, now deceased, sought a judicial review after learning he could not bequeath the flat he bought under the Housing Authority’s Home Ownership Scheme to his husband, Henry Li Yik-ho.

Under the Intestates’ Estates Ordinance, only the surviving husband or wife of a “valid marriage” – defined as a relationship between the opposite sex – can inherit the chattels and properties of a person who dies without a will.

Same-sex couples also do not qualify as husbands and wives for the purpose of applying for financial support from the estate of the deceased under the Inheritance (Provision for Family and Dependants) Ordinance. They have to show proof of financial dependence, a step not required of traditional spouses.

The Court of First Instance and the Court of Appeal both ruled in the applicant’s favour, finding that the current legal framework constituted unlawful discrimination on the grounds of sexual orientation and required remedial interpretations.