HONG KONG - The High Court on Wednesday ruled that the Hong Kong Housing Authority’s refusal to accept the application for public housing by a same-sex couple was “unlawful” and “unconstitutional”.
Earlier, Nick Infinger, a permanent Hong Kong resident filed a judicial review against the Housing Authority’s decision to reject a public rental housing application under the category of “Ordinary Family” submitted by him and his husband.
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Justice Anderson Chow ka-ming said the exclusion of same-sex marriage as a relationship under the “ordinary family” violates Basic Law Article 25 and Article 22 of the Bill of Rights
Infinger married his husband, who is also a permanent Hong Kong resident, in Canada in 2018.
The reason given by the Housing Authority is that the couple’s relationship falls outside the meaning of “husband and wife”, a requirement listed in the application’s instruction. The authority pointed out that “husband” means “a married man especially in relation to his wife” in the Shorter Oxford English Dictionary.
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Justice Anderson Chow ka-ming said the exclusion of same-sex marriage as a relationship under the “ordinary family” violates Basic Law Article 25 and Article 22 of the Bill of Rights.
Basic Law Article 25 stipulates that Hong Kong residents shall be equal before the law. Article 22 of the Bill of Rights says everyone is entitled to equal protection against discrimination on any grounds.
In the judgment, Chow said the application filed by Infinger should be remitted to the Housing Authority for fresh consideration with priority.
