London Daily

Focus on the big picture.
Saturday, Nov 08, 2025

Ban on gay Hong Kong couple living in subsidised housing ‘discriminatory’: lawyers

Ban on gay Hong Kong couple living in subsidised housing ‘discriminatory’: lawyers

Henry Li lived in fear of eviction from a Home Ownership Scheme flat upon learning the policy since his now-deceased husband, Edgar Ng, bought it for HK$5.45 million in 2018, High Court hears.

Lawyers for a man barred from living with his husband in subsidised housing have described the Hong Kong government’s policy on authorised occupants as “blatantly discriminatory” and said the couple suffered a “very real sense of injustice”.

Henry Li Yik-ho also lived in fear of eviction from a Home Ownership Scheme (HOS) flat upon learning the policy since his now-deceased husband, Edgar Ng Hon-lam, bought it for HK$5.45 million ($US701,781) in 2018, Jin Pao SC told the High Court on Monday.

The application for judicial review is one of three legal challenges mounted by the couple since they tied the knot in London in 2017. Same-sex marriage is generally not recognised in Hong Kong, apart from some very specific policies relating to tax and visas, for example.

The High Court heard the Housing Authority’s policy on adding occupants to an HOS flat only recognised nine categories of familial relationships, which included husband and wife but only in the sense of between a man and woman.

Same-sex marriage is generally not recognised in Hong Kong.


Transferring ownership of the flat to anyone outside the listed categories would incur a financial premium, which in this case would have amounted to more than HK$2 million based on the purchase price.

Pao said such policies were “blatantly discriminatory” on the basis of sexual orientation, and a violation of the equality provisions in the Basic Law, the city’s mini-constitution, as well as the Hong Kong Bill of Rights.

He argued that the differential treatment defeated the policy’s purpose of providing affordable housing to individuals with low to medium income. It also placed an unacceptably harsh burden on a group so small it would take up just about two in every 10,000 people in the city, based on figures from a Chinese University study published in 2018, he argued.

“They lived in fear of eviction in their very own home,” Pao said. “There’s a very real sense of injustice.”

But Abraham Chan SC, for the authority, argued the policies were part of a suite of measures to address Hong Kong’s demographic challenges, as housing was a key factor in a couple’s decision to have families. The policies had opened up homes that would otherwise be unavailable, he said.

Chan further argued the government had chosen to prioritise couples in traditional marriages – as between husband and wife – for their “inherently higher capacity for procreation”.

The High Court in Admiralty.


“The whole landscape would be quite different if there were limitless public resources,” Chan said. “But that’s not this case – what we’re dealing with in the present reality is that they’re not enough to go around, and for quite some time in the future. Someone has to make the decision.”

Pao replied that the authority did not exclude opposite-sex couples who were infertile, while those in same-sex marriages could adopt or seek for artificial insemination.

Mr Justice Anderson Chow Ka-ming has reserved judgment.

The city’s LGBT movement has been advancing its cause through the court in recent years with several victories in cases that required the authorities to recognise same-sex marriage and civil union partnership entered into overseas for the purpose of taxation, civil servants’ spousal benefit and dependant visas.

Ng won an application for a judicial review last year challenging the marriage provisions in local laws governing intestacy and financial provision for dependants. The Department of Justice has since lodged an appeal.

The department is also appealing against another ruling that declared the government’s policy of denying legally married same-sex couples the right to apply for public housing as unlawful and unconstitutional. The case will be heard on July 29.

Newsletter

Related Articles

0:00
0:00
Close
UK Government to Mirror Denmark’s Tough Immigration Framework in Major Policy Shift
UK Government Turns to Denmark-Style Immigration Reforms to Overhaul Border Rules
UK Chancellor Warned Against Cutting Insulation Funding as Budget Looms
UK Tenant Complaints Hit Record Levels as Rental Sector Faces Mounting Pressure
Apple to Pay Google About One Billion Dollars Annually for Gemini AI to Power Next-Generation Siri
UK Signals Major Shift as Nuclear Arms Race Looms
BBC’s « Celebrity Traitors UK » Finale Breaks Records with 11.1 Million Viewers
UK Spy Case Collapse Highlights Implications for UK-Taiwan Strategic Alignment
On the Road to the Oscars? Meghan Markle to Star in a New Film
A Vote Worth a Trillion Dollars: Elon Musk’s Defining Day
AI Researchers Claim Human-Level General Intelligence Is Already Here
President Donald Trump Challenges Nigeria with Military Options Over Alleged Christian Killings
Nancy Pelosi Finally Announces She Will Not Seek Re-Election, Signalling End of Long Congressional Career
UK Pre-Budget Blues and Rate-Cut Concerns Pile Pressure on Pound
ITV Warns of Nine-Per-Cent Drop in Q4 Advertising Revenue Amid Budget Uncertainty
National Grid Posts Slightly Stronger-Than-Expected Half-Year Profit as Regulatory Investments Drive Growth
UK Business Lobby Urges Reeves to Break Tax Pledges and Build Fiscal Headroom
UK to Launch Consultation on Stablecoin Regulation on November 10
UK Savers Rush to Withdraw Pension Cash Ahead of Budget Amid Tax-Change Fears
Massive Spoilers Emerge from MAFS UK 2025: Couple Swaps, Dating App Leaks and Reunion Bombshells
Kurdish-led Crime Network Operates UK Mini-Marts to Exploit Migrants and Sell Illicit Goods
UK Income Tax Hike Could Trigger £1 Billion Cut to Scotland’s Budget, Warns Finance Secretary
Tommy Robinson Acquitted of Terror-related Charge After Phone PIN Dispute
Boris Johnson Condemns Western Support for Hamas at Jewish Community Conference
HII Welcomes UK’s Westley Group to Strengthen AUKUS Submarine Supply Chain
Tragedy in Serbia: Coach Mladen Žižović Collapses During Match and Dies at 44
Diplo Says He Dated Katy Perry — and Justin Trudeau
Dick Cheney, Former U.S. Vice President, Dies at 84
Trump Calls Title Removal of Andrew ‘Tragic Situation’ Amid Royal Fallout
UK Bonds Rally as Chancellor Reeves Briefs Markets Ahead of November Budget
UK Report Backs Generational Smoking Ban Ahead of Tobacco & Vapes Bill Review
UK’s Domino’s Pizza Group Reports Modest Like-for-Like Sales Growth in Q3
UK Supplies Additional Storm Shadow Missiles to Ukraine as Trump Alleges Russian Underground Nuclear Tests
High-Profile Broodmare Puca Sells for Five Million Dollars at Fasig-Tipton ‘Night of the Stars’
Wilt Chamberlain’s One-of-a-Kind ‘Searcher 1’ Supercar Heads to Auction
Erling Haaland’s Remarkable Run: 13 Premier League Goals in 10 Matches and Eyes on History
UK Labour Peer Warns of Emerging ‘Constituency for Hating Jews’ in Britain
UK Home Secretary Admits Loss of Border Control, Warns Public Trust at Risk
President Trump Expresses Sympathy for UK Royal Family After Title Stripping of Prince Andrew
Former Prince Andrew to Lose His Last Military Title as King Charles Moves to End His Public Role
King Charles Relocates Andrew to Sandringham Estate and Strips Titles Amid Epstein Fallout
Two Arrested After Mass Stabbing on UK Train Leaves Ten Hospitalised
Glamour UK Says ‘Stay Mad Jo x’ After Really Big Rowling Backlash
Former Prince Prince Andrew Faces Possible U.S. Congressional Appearance Over Jeffrey Epstein Inquiry
UK Faces £20 Billion Productivity Shortfall as Brexit’s Impact Deepens
UK Chancellor Rachel Reeves Eyes New Council-Tax Bands for High-Value Homes
UK Braces for Major Storm with Snow, Heavy Rain and Winds as High as 769 Miles Wide
U.S. Secures Key Southeast Asia Agreements to Reshape Rare Earth Supply Chains
US and China Agree One-Year Trade Truce After Trump-Xi Talks
BYD Profit Falls 33 % as Chinese EV Maker Doubles Down on Overseas Markets
×