A member of Hong Kong’s LGBTQ community has accused the government of being unwilling to answer questions about the legal status of same-sex spouses, as he continues his legal fight against alleged discriminatory government policies.

Henry Li, who married his husband in the U.K. in 2017, was not recognized as a spouse for the purpose of identifying his husband’s remains after his death, because their marriage was not valid under Hong Kong law. In order to carry out the identification, Li had to act as an authorized representative of his late husband’s mother.

The High Court had previously granted permission for Li to pursue a judicial review over the matter on the grounds of alleged discrimination, but the Department of Justice applied on Wednesday for this permission to be revoked.

The department argued that most of the legal provisions Li sought to challenge were unrelated to his circumstances and that the dispute was instead academic in nature.

The department further argued that asking for the deceased mother’s consent was not the same as requiring Li to obtain “authorization” to carry out the identification. The practice, the department said, was not discriminatory and there were merely communication misunderstandings at the time.

The barrister representing Li said that the issue could be resolved if the government made clear to the court whether or not it accepted that same-sex partners could be considered spouses or relatives, but the government had not done so.

High Court Judge Anderson Chow concluded that the application to revoke permission was reasonably arguable and considered that the case may be an academic one. Chow decided that the application to revoke permission would be handled before any judicial review hearing took place.

Speaking outside the courtroom, Li said forensic authorities had informed him at the time of his husband’s death that same-sex marriages were not recognized in Hong Kong, and they had asked whether there were any other relatives who could identify the remains. The fact that they were now denying having said such things made him feel surprised and angry, Li said.

Li added that same-sex spouses were real family members, and that status should not depend on a government department giving the “green light” in each individual case.

Li is the latest in a number of LGBTQ Hongkongers who have fought in the courts on individual issues that arise as a consequence of the lack of recognition of their overseas marriages, including government policies on tax filings and dependent visas. On many occasions, the courts have ruled in favor of the LGBTQ litigants, but the government has still indicated no intention to legalize same-sex marriage.

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