Hong Kong columbarium ordered to remove ashes after losing court fight on what counts as ‘human remains’
High Court rules Memorial Park Hong Kong should refund clients who had bought some of the 3,300 niches at columbarium since 2008
A Hong Kong court on Thursday ordered a private columbarium in Sha Tin to remove all the ashes there, potentially putting those who entrusted the remains of their loved ones to the facility over the past eight years in limbo.
Deputy High Court judge Marlene Ng May-ling ruled that Memorial Park Hong Kong in Fo Tan Village should refund clients who had bought some of the 3,300 niches at the columbarium since 2008, two years before it started operating. The columbarium has not said how many niches are involved.
The legal battle was brought by Memorial Park Hong Kong Limited in 2010 against the secretary for justice in a bid to clarify whether ashes counted as “human remains” mentioned in a government land lease condition that bars it – and many other columbariums – from operating.
He said the lawsuit was instigated eight years ago because such a scheme had not existed. “We have applied for it [the permit] in accordance with the procedures,” he said.