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Written by: Li Huina
2021-03-09 16:32
Last update date: 2021-03-09 16:33
The gay man who filed a judicial review of same-sex rights twice committed suicide last year due to depression. Before his death, he stated that he wanted his husband to handle his afterlife. However, since Hong Kong does not recognize same-sex marriages, the husband cannot handle it as a spouse. Autopsy procedures and exemption from autopsy.
The husband believed that the relevant provisions and policies constituted indirect discrimination and violated the Basic Law. He filed for judicial review yesterday (8th).
Before his death, Wu actively fought for the rights of same-sex marriage
The applicant, Li Yihao, and the respondent were the Secretary of Justice and the Director of Health.
The applicant's spouse, Wu Hanlin, has successively filed judicial reviews on the inheritance rights of the same-sex estate and the right of home ownership.
Lee challenged a number of regulations concerning the handling of the aftermath of the deceased, including the Coroner Ordinance, the Coroner Rules, the Birth and Death Registration Ordinance, the Public Health and Municipal Services Ordinance and the Private Columbarium Ordinance concerning spouses The definitions of, husband, wife, relatives, etc., and the policy of forensic services to refuse to allow married same-sex spouses to recognize the corpse.
Before his death, Wu used to write about Li's funeral
According to the complaint, Wu suffered from depression for several years and committed suicide at the end of last year. Before he committed suicide, he used Li to handle his funeral arrangements as his spouse and spill his ashes into the sea.
Wu's mother authorized Li to recognize the body
When Li handled the matter for Wu, even though Li stated that he and Wu were married in the UK and were Wu’s legal spouse, the forensic doctor said that their marriage was not recognized in Hong Kong, and Li was therefore not authorized to conduct corpse recognition. Li felt He was offended and injured, thinking that their marriage was not respected. Fortunately, Wu's mother agreed to authorize Li to recognize the body and deal with the funeral.
Later, when Li applied to the court for an exemption from dissecting Wu's body, it was also because his marriage to Wu was not recognized in Hong Kong, and he could not apply as a spouse alone. In the end, he had to jointly apply with Wu's mother and brother.
Wu's mother then withdrew her authorization to request the retrieval of her son's data
Later, the relationship between Li and Wu's mother deteriorated. Wu's mother revoked Li's authorization to deal with the aftermath, and asked Li to hand over Wu's original identity card, telephone number, bank information and other documents. Wu's mother even asked a lawyer to write to Li and reiterate the relevant requirements.
Case Number: HCAL295/2021
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