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[Same-sex marriage] Gay men dissatisfied with their spouse's application for public housing

2020-03-04T03:57:17.461Z


Married gay men are applying for public housing units in Hong Kong, but the Housing Authority has stated that they were "couples" other than those specified in the policy. They rejected the application, and one of them raised a judicial review challenge decision. The applicant directly pointed out that the decision constituted discrimination and exploitation of same-sex families; government representatives said that the policy was not targeted at same-sex couples and did not directly discriminate against them, and that traditional marriages should be protected more than other forms of marriage. The High Court today ruled that the foreign gay man would prevail.


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Written by: Li Huina

2020-03-04 11:47

Last updated: 2020-03-04 11:54

Married gay men are applying for public housing units in Hong Kong, but the Housing Authority has stated that they were "couples" other than those specified in the policy. They rejected the application, and one of them raised a judicial review challenge decision. The applicant directly pointed out that the decision constituted discrimination and exploitation of same-sex families; government representatives said that the policy was not targeted at same-sex couples and did not directly discriminate against them, and that traditional marriages should be protected more than other forms of marriage. The High Court today ruled that the foreign gay man would prevail.

The applicant was Nick Infinger, who claimed that he was married to same-sex couples. He was dissatisfied with the Housing Authority's rejection of their "couple" relationship and went to the High Court for review. (Profile picture)

The applicant is Nick Infinger and the respondent is the Hong Kong Housing Authority.

Discrimination with heterosexual couples

The applicant stated that the Housing Authority's differential treatment of same-sex and heterosexual partners constitutes discrimination. As a result, same-sex couples cannot live in the same public housing and their waiting time will increase. Refers to policies that exploit same-sex families in Hong Kong.

Waiting time up to 17 years

The applicant also suggested that because same-sex couples cannot apply for a family unit, they need to wait up to 17 years before they can go upstairs. If same-sex couples need to rent a temporary house during the waiting period, they will pay up to 12 more than heterosexual couples. Annual rental difference.

Housing shortages are not a reason to exclude same-sex families

The applicant also stated that although Hong Kong is facing the problem of housing shortage and long waiting time for public housing, it cannot be used as a reason to exclude same-sex couples. The applicant questioned whether the exclusion of same-sex couples from applying for public housing would maintain the traditional marriage system in Hong Kong. They also questioned whether applications covering covered same-sex couples would really extend the waiting time for public housing.

[Same-sex marriage] There are still 4 applications for identity and rights of same-sex spouses still pending.

[Same-sex marriage] Spouses not considered family members

[Same-sex marriage] The government says that traditional marriages with limited public housing resources should receive more protection

[Same-sex marriage] Gay men dissatisfied with same-sex spouse's failure to enjoy priority inheritance right for judicial review

Housing Authority should exercise discretion

The government's representative countered that public housing is an important and precious social resource, and the government needs to consider socio-economic conditions when allocating public housing resources. The Housing Authority should have more discretion in this policy, and the court should try its best Avoid intervention. The regulations do not target same-sex couples and do not directly discriminate against them.

Government needs to protect the needs of traditional families

A government representative also stated that the Court of Final Appeal recognized that the protection of monogamous traditional marriages was a legitimate purpose, so traditional marriages should be protected more than other forms of marriage. Furthermore, in traditional marriages, most families have children, and the government needs to prioritize the needs of these families.

Case number: HCAL2647 / 2018

▼ Other cases involving same-sex marriage in recent years ▼

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Same-sex marriage judicial review court

Source: hk1

All news articles on 2020-03-04

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