Hong Kong widower launches legal bid for recognition after being denied right to organise his husband’s funeral
- Henry Li launches judicial review over Hong Kong government’s stance towards same-sex couples after death of partner Edgar Ng
- Court case forms part of a larger LGBT movement in the city, which does not recognise same-sex marriage
A widower is taking the Hong Kong government to court after he was denied the right to independently make funeral arrangements for his late husband.
Lawyers for Henry Li Yik-ho said their client had been barred by multiple ordinances in the city from handling matters arising from his spouse’s death, ranging from identification of the deceased and taking part in an investigation into cause of death, to collection of the body to arrange the funeral, and burial or cremation.
Ng was known for winning his legal challenge in September against the marriage provisions in local laws governing intestacy and financial provision for dependents. The city’s justice department has lodged an appeal at the Court of Appeal.
Ng mounted a separate challenge against a Housing Authority rule that prevented him from living with Li, after they married each other in London in 2017. A hearing has been scheduled for April 19.
But Ng, who had been suffering from depression for several years, died on December 7 last year at the couple’s home before that case could be heard in court, according to the written application for judicial review filed to the High Court on Monday.
The court filing said that in a WhatsApp message to Li, Ng expressed his last wish that his husband should handle the funeral arrangements and scatter his ashes into the sea.
But when Li went to a public mortuary to make arrangements to collect the body, a forensic pathologist told him he needed authorisation before he could deal with various government departments, as his marriage was not recognised in Hong Kong.
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Same-sex marriage is not legally recognised in the city, and likewise, the Forensic Pathology Service under the Department of Health only accepts opposite-sex partners as spouses.
“This was particularly hurtful and offensive to the applicant,” the filing said. “The forensic pathologist’s statement demeaned, disrespected and diminished the dignity of the marriage between the applicant and his husband.”
Ng’s mother later said Li could be in charge of her son’s funeral, allowing him to collect the body and hold a funeral mass on Boxing Day. Li was also able to apply for a waiver of autopsy in court, as well as preparing for the cremation of Ng’s body, collecting the ashes and applying for a death certificate.
But at the same time, Li’s relationship with his partner’s mother gradually deteriorated, with the mother changing her mind and asking Li to return all of her son’s possessions on January 20.
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Li’s lawyers asked the court to require health authorities to recognise same-sex marriage entered into overseas for the purpose of disposal of the deceased, citing two previous landmark rulings by the city’s top court.
The Department of Health has been contacted for comment.
The city’s LGBT movement has been gaining traction in court over the past few years following victories in cases which required the authorities to recognise same-sex marriage and civil union partnership entered into overseas for the purpose of taxation, civil servants’ spousal benefits, and dependence visas.
In a statement, Li’s lawyers, Daly & Associates, said their client hoped the case would end the discrimination all same-sex couples were subjected to.
“Mourning the loss of a spouse is undoubtedly one of the most difficult times in one’s life,” the statement said. “To add insult to injury, same-sex widows and widowers are not even entitled to take care of their loved ones’ after-death arrangements in accordance with the prevailing laws of Hong Kong.
“Through this judicial review, the applicant hopes that all same-sex couples will no longer be subjected to the kind of discrimination that he is now facing and that everyone may grieve the loss of their loved ones with dignity and equal treatment, regardless of sexual orientation.”
