By Sam
11/03/2024
On the 26th of February 2024, the Hong Kong Housing Authority was given the green light to take its previously dismissed policies to the Court of Final Appeal for review. With this came uncertainty for the LGBTQ+ community in Hong Kong. As the fight for housing application and inheritance rights could just as easily be turned around.
The community faced two major milestones regarding housing rights from judgements handed down in 2020 and 2021. With cases brought forth by Nick Infinger, Edgar Ng, and Li Yik Ho. Who had fought for the overturning of the Public Rental Housing and Inheritance Rights policies which excluded same-sex couples.
Despite attempts by the government to reverse the dismissal of the HA’s policies in 2023, their appeals were rejected by the court. Solidifying the community’s victory that year. However, with February’s recent events, distress persists as the future becomes unclear.
“If I got married to a future wife and we had to go through appeals just to be able to live together we’d honestly be so frustrated,” said a 20-year-old passerby having a drink at Pontiac, one of Hong Kong’s most prominent gay bars in Central.
“This denies a human experience where you want to care for a loved one, that’s why it hurts,” said JC, a 21-year-old student from the University of Hong Kong. When asked about her thoughts on the future, “just because our love isn’t recognized by the law, doesn’t mean that my home is up for grabs,” said JC.
Moving out of Hong Kong, for same-sex couples, seems to be a first thought. “In an international sense I think it’ll just be seen as less favorable by a lot of queer people and we would less likely reside in HK in general,” said Maryam Amreen, a 19-year-old Med student from the University of Hong Kong.
While same-sex marriages done overseas are recognised in Hong Kong, other foundational rights are still overlooked. “When they [same-partners] come to Hong Kong, there’s a whole set of other issues. Like these home ownership and inheritance cases. But these are being dealt with in silos, as if they were separate, non-related things,” said Elizabeth, a teaching staff at the University of Hong Kong.
Though, despite the recent frustration, the community still remains hopeful. Elizabeth highlights the fact that Hong Kong is still seen as a bright-spot for activism. “The activism of Hong Kong is alive, the people’s organizations are alive. Therein lies our hope,” they said.
Known as one of Hong Kong’s largest LGBTQ+ events in Hong Kong, dozens of organizations were brought together to raise awareness and fight for the same cause at KITEC mall in October of 2022. Including independent organizations such as DICOMM, HK pride parade, and Rainbow Families. Not only this, bigger companies such as Schroeder’s and HSBC also came together to promote the inclusivity present within their respective corporations.
“As a foreigner looking in, believe it or not I’m actually happy with how Hong Kong has progressed,” said Elizabeth.
According to Elizabeth as well as Margaret, their co-worker, another teaching staff at the University of Hong Kong, milestones for the community are done solely by what they refer to as “baby-steps.”
“Every win, every concern, we have to put into court,” said Margaret. Most court cases, including that of Nick Infinger and Li Yik Ho have been fought on the grounds of breaches in the Basic Law or the Bill of Rights.
“Our rights are enshrined in the basic law. That is a legality we have to be content with,” said Elizabeth.
Stephen Hui, a law student at the Chinese University of Hong Kong also views the courts as the gateway to bringing change within Hong Kong’s social landscape.
“the courts are a powerful tool in advancing equality and inclusion,” he said. However, Hui also accepts the fact that change cannot be made overnight. “The courts can only go as far as declaring something discriminatory and refer this need of a change to the government,” said Hui.
“Change has to go bit by bit,” said Elizabeth. The matter to them is looked at with a broader telescopic view. “Years ago people tried, and I think we should value that because at least there was a try. To fight for their rights.”
Margaret too, agrees. “It creates a precedent that if we were able to do that before, even if we did not win, there is a chance that we can,” they said.
While frustration is inevitable, Elizabeth emphasizes the presence of hope. “We manage our expectations, but we keep at it. We keep fighting for it, for our rights. Because if you don’t stand up for your rights, they’ll be gone.”
Feature article by Sam
Edited by Crystal and Noah