Estate Ordinance’s refusal to recognise same-sex marriages ruled unconstitutional; government appeal dismissed
遺產條例拒承認同性婚姻關係 高院裁定違憲 政府不服上訴遭駁回
A same-sex couple who married in the UK, concerned that the surviving spouse would be unable to inherit the estate or transfer the registered-owner status of their Home Ownership Scheme flat after the other’s death, brought a judicial review challenging the estate law’s provision recognising only heterosexual marriages and won the case. The government appealed, but the applicant died by suicide while the appeal was ongoing, and his husband continued the proceedings. The Court of Appeal issued its written judgment on Tuesday (the 24th), dismissing the government’s appeal and ordering it to pay the costs. In a post on his personal Facebook account, the applicant Ng Hon-lam’s husband Yik Ho Li said that the government’s repeated denial of their marital relationship was “like rubbing salt into the wounds” for a family still in mourning. Lee hoped the government would respect the court’s ruling and restore to his husband the dignity he deserved.
於英國註冊結婚的同性戀伴侶，擔心離世後配偶不能承繼遺產及轉移居屋戶主身份，提出司法覆核挑戰遺產條例只承認異性戀婚姻關係的規定，獲裁定勝訴。政府一方不服判決，提出上訴，申請人在上訴程序進行期間自殺離世，由丈夫代為繼續相關程序。上訴庭周二（24日）頒下書面判決，駁回政府的上訴，並下令須支付訟費。申請人吳翰林的丈夫李亦豪在個人 Facebook 表示，政府一而再、 再而三否定他們的婚姻關係，對於仍在哀悼的家屬而言「如同在傷口上灑鹽」。李希望政府能尊重法庭的判決，還給丈夫應得的尊嚴。