The Court of Appeal on Tuesday affirmed two earlier court rulings that favour the granting of subsidised housing benefits to same-sex couples, after finding current policies discriminatory and unconstitutional.

The Housing Authority (HA) had appealed the two cases after a lower court ruled that the body was wrong to bar a same-sex couple from applying for public housing, and for refusing to allow a man to share the same Home Ownership Scheme flat with his male partner without paying a large premium.

The three-judge panel dismissed the authority’s contention that allowing same-sex couples to apply for public housing would adversely impact the rights of heterosexual couples to benefit from a scarce public resource – even if it means longer waiting times.

"The real effect of this, if any, is on the [average waiting time] of opposite-sex couples for the allocation [public rental housing] units. However, the [average waiting time] is not a protected right under [Basic Law Article 36]," the judgment said.

"This is plain as the [average waiting time] is by its nature a variable which depends on the number of units available and the number of applicants at any particular time."

The judges added that the ruling on the sharing of HOS flats by same-sex couples would have no bearing at all on the availability of the subsidised housing for heterosexual couples – because the case concerns a resident who already owned the flat in the first place before applying for his partner to move in.

There is "no question of any deprivation of the number of HOS units to be available to opposite-sex couples,” the judges concluded.

Henry Li – who filed the successful judicial review against the HA in the HOS case – issued a statement through his law firm, Daly & Associates.

He said he was grateful for Tuesday's ruling, but it also caused him pain because he could no longer live together with his partner, who took his own life in 2020.

"It has been more than four years since this court case started. I sincerely hope that upon thoughtful consideration, the Housing Authority would not appeal and let this matter rest, and at last let Edgar rest in peace," he said.

The law firm, for its part, called on authorities to take "timely, proactive actions" to respect fundamental human rights, including the right to freedom from discrimination on the ground of sexual orientation.

Concern group Hong Kong Marriage Equality said in a statement that the judgment made clear that public policy should protect everyone from discrimination and unfair treatment because of their sexual orientation.

It also urged the government to proactively work with stakeholders to come up with a comprehensive framework to recognise same-sex partnerships.

Hong Kong’s top court had in September ruled in a landmark case that the government must come up with an official framework to recognise same-sex partnerships, giving officials two years to formulate the details.