Guidance

Hong Kong: bereavement information

Updated 7 December 2022

Disclaimer

This information is not meant to be definitive, nor is it to be taken as a substitute for independent legal advice. Neither His Majesty’s Government nor its staff take any responsibility for the accuracy of the information, nor accept liability for any loss, costs, damage or expense that you might suffer as a result of relying on the information. Some of the information may not be relevant to your circumstances. The language used is intended to be general and factual and is not meant to cause offence.

Introduction

When a relative or friend dies abroad, the different procedures, laws or language can cause additional distress. You may be uncertain about what to do or who to contact.

This country specific information is designed to help you through some of the practical arrangements you may need to make. It supplements the general information on death abroad produced by the Foreign, Commonwealth and Development Office, which applies to all countries.

Please note, as each country has its own laws and customs when a death occurs, it may not be possible to make the arrangements that you prefer, or at the time you would like.

How to contact the Foreign, Commonwealth & Development Office

There is a lot of information below, but you may have questions. You can speak to someone by phone 24/7, any day of the year by contacting the Foreign, Commonwealth and Development Office in London on 0207 008 1500.

If you are not in the UK, you can find the contact details of the nearest British embassy, high commission or consulate.

The priority of the Foreign, Commonwealth and Development Office is to provide assistance to British nationals overseas who need the most help. The level and type of assistance they can offer is tailored to the individual circumstances of each case.

Next of kin

The next of kin of the deceased will usually need to make decisions and practical arrangements. The next of kin can sometimes appoint another person to act on their behalf.

If you are not the next of kin, they will need to be informed. If required, the Foreign, Commonwealth and Development Office can help you do this.

There is no legal definition of next of kin in the UK. Please note that if there is a disagreement over who is the next of kin, or the person who died did not choose a next of kin, this can cause additional complications.

When someone dies in Hong Kong and the next of kin is in the UK or abroad, Hong Kong Authorities normally notify the British Consulate. British Consulate will do whatever they can to trace the next of kin as soon as possible and would ask the local police to pass on the sad news. However, you might also be notified about the death directly by someone else, for example a doctor, a social worker or a police officer.

In Hong Kong, rule 21 of the Non-Contentious Probate Rules (Cap.10A) regulates the order of priority of next of kin is:

• spouse
• adult child
• parent
• adult sibling

Same sex relationship is not legally recognised in Hong Kong. If there is dispute over who is the next of kin, legal advice should be sought and court could make a decision.

The Hong Kong Police and/or Coroner will request to see your passport and some proof of your relationship with the deceased. This usually means the long form birth certificate or marriage certificate. Apply for a certified copy of UK birth or marriage certificates.

If you are not the next of kin, please obtain an authorisation letter from next of kin, copy of next of kin’s passport and proof of relationship between the next of kin and the deceased.

Release of information to next of kin

The Foreign, Commonwealth and Development Office will try to obtain as much information as possible after your relative or friend has died abroad. Some of this may be only available to next of kin. Consular officers may be able to obtain this themselves, or they may put you in touch directly with the authorities overseas. They may be able to provide you with details of others who can advocate on your behalf such as lawyers, charities, or other organisations.

Hong Kong Police do not usually keep the family informed of the development of any investigation, but they can be contacted via email if family has questions to ask. If deaths reported to the Coroner, family can request a copy of the autopsy and investigation report from the Coroner’s court after death inquiry is concluded. However, it usually takes several months.

Insurance

It is very important to check if the person who died had insurance. If they had insurance, contact the insurance company as soon as possible. They may have a list of approved funeral directors to help you make arrangements, or be able to cover some of the costs.

If the person who died did not have insurance, the next of kin will usually have to appoint a funeral director and will usually be responsible for all costs. The Foreign, Commonwealth and Development Office cannot help with these costs.

Appointing a funeral director

If you decide to bring the deceased to the UK for the funeral or cremation, you may only need to appoint an international funeral director. The Foreign, Commonwealth and Development Office produces a list of international funeral directors based in the UK.

If you decide to hold a funeral or cremation in Hong Kong, you can find a list of funeral directors in Hong Kong. Cremation may take a few weeks due to the lack of crematoriums in Hong Kong

If the deceased is to be cremated in Hong Kong, the next of kin or the appointed funeral director may approach the Food and Environmental Hygiene Department at the Cemeteries and Crematoria Office. With the certificate of the fact of death, the certificate of cremation and the removal permit of the urn; the ashes can then be transported back to the UK via a local funeral parlour, who will make all the necessary arrangements.

If the deceased was insured you should immediately contact the insurance company to establish if they are able to cover for the repatriation expenses and make the necessary arrangements. You may need the insurance policy number and the associated 24 hour medical emergency contact number to do this. If the travel insurance company confirm that there is a current policy, you should not appoint your own funeral director or be pressurised by local funeral agencies to do so. It will be the insurance company that will appoint the funeral director both locally and in the UK.

In Hong Kong it is not normally necessary for the deceased to be identified by the next of kin. Identification can be carried out by means of documentation such as a passport.

Registering the death and obtaining a death certificate

You will need to register the death with the Hong Kong Birth & Deaths Registry. You will usually need documents about you and the person who has died, which include information such as full name, date of birth and passport number.

The local authorities will need to be told if the person suffered from an infectious condition so they can take precautions.

However, for deaths reported to the Coroner, the death will only be registered at the Death Registrar and a death certificate will be available after the Coroner has concluded his inquiry of the death. The Death Registrar will then write to the next of kin explaining that they can submit an application for a death certificate. If for some special reasons the next of kin requires a document to certify the fact of death of the Deceased before a death certificate is available; he/she may apply to the Coroner’s Court directly for a ‘Certificate of the Fact of Death’.

You do not need to register the death with the UK authorities. The Hong Kong death certificate is in English can usually be used in the UK for most purposes, including probate. However, you can apply for a consular death registration. This is not mandatory and cannot be used instead of a death certificate from the country where the person died. If you wish to do this, you can find more information on registering a death and apply online.

Post mortem examinations (autopsies)

An autopsy will not normally be carried out on deaths resulting from natural causes. In cases where the death resulted from unnatural causes (e.g. poison, violence, etc) the case will be referred to a coroner, an autopsy and investigation will then take place. Autopsies are usually carried out by pathologists of the Forensic Pathology Service of the Hong Kong Department of Health after the identification of body. The investigation which usually takes about 6 to 12 months will be conducted by the police under the direction of the Coroner who will then decide whether to hold an inquest into the cause of death. A body can normally be released for burial, cremation or repatriation once the autopsy is complete. A ‘Certificate of Order Authorising Burial/Cremation of Body’ will be issued by the Coroner Court for this purpose .

If the pathologist recommends an autopsy, but the deceased’s family applies for a waiver and wishes to address the Coroner in person, the Coroner sees the family in chambers, and then decides whether to order an autopsy or a waiver. A waiver of autopsy will not be granted if the medical cause of death is not known.

Pathologists are empowered by law to remove organs for further examination if necessary and no consent is needed from the relatives. In practice, however, the removal of organs for preservation and further examination usually only takes place if absolutely necessary, and relatives would be informed of the procedures.

Organs will be returned to the relatives for burial/cremation, together with the deceased body subject to their wish. If the relatives do not want to have the organs back, the Department of Health would arrange respectful disposal of the organs by incineration. They do not keep organs for period longer than needed for examination to ascertain the cause of death.

The family may request a copy of the autopsy from the Coroner’s Office although this may take a few months.

In some cases it may be necessary to have a further autopsy in the UK even though one has been carried out overseas and, when repatriation is to England or Wales, it is probable that the Coroner will wish to hold an inquest.

Please note that an inquest will not take place in the UK if a local burial or local cremation has taken place.

Mortuary facilities

There is a morgue in every public hospital in Hong Kong including three public mortuaries based in Kwai Chung, Victoria, and Fu Shan. The place of death determines which mortuary the body is taken to. If a person dies in hospital then the body stays in the hospital morgue until it is transferred to a funeral parlour. If a person dies at home or in a car accident, the body is taken to one of the three public mortuaries. The standards applied, for example in relation to storage temperature, are on a par with UK morgues.

The three public Mortuaries:

Victoria Public Mortuary
34 Victoria Road, Kennedy Town, Hong Kong
Tel: 2817 2026 / Fax 2818 4859

Kwai Chung Public Mortuary
100 Kwai Hei Street, Kwai Chung, NT, Hong Kong
Tel 2612 5810 / Fax: 2419 0709

Fu Shan Public Mortuary
10 Yau On Street, Shatin, NT, Hong Kong
Tel: 2606 9333 / Fax: 2691 1112

Burial, cremation, repatriation

The next of kin of the deceased will usually need to decide between a local burial, cremation or bringing the person home, which is known as repatriation. Your funeral director will usually be able to explain the options available, the costs, and help you make arrangements. Once you appointed a local funeral director, they will ask you to sign an authorisation for them to apply for all necessary documents.

In Hong Kong, it is very expensive to buy or rent a burial place. Below are samples of costs for basic standard funeral services in 2021. The costs will be increased depending on the condition of body, the choice of casket and the type of memorial services.

Cost of a standard service of local funeral (including undertaker’s fees, sorting out documents, a basic casket and standard religious service, but not tombstone and burial place)	Around $28,000
Cost of cremation and transportation of ashes back to the UK	$28,000 – 30,000
Cost of preparing and transporting a body to the UK (subject to the condition and weight of the body, also flight cost at the time)	$50,000 - $55,000

Deceased can be released for burial, cremation or repatriation once they have been identified, and autopsies are complete. A ‘Certificate of Order Authorising Burial/Cremation of Body’ will be issued by the Coroner court.

If the body of a deceased is to be exported out of Hong Kong, the next of kin or the funeral director will apply for the “Permit for Removal of Dead Body from Hong Kong” at the Deaths Registry.

Bodies are embalmed and put in coffins.

If the deceased is to be cremated in Hong Kong, the next of kin or the appointed funeral director may approach the Food and Environmental Hygiene Department at the Cemeteries and Crematoria Office for booking of a cremation session. Scattering of ashes can also be arranged with the Food and Environmental Hygiene Department, details can be found on their website.

Under the current practice, import and export of cremated ashes into and out of Hong Kong do not require application to the Hong Kong government. However, some countries may require the applicants to produce the “Certificate of Cremation” and “Authorisation to Remove Cremated Ashes” for import of cremated ashes. If necessary, the applicants can apply for the above certificate/authorisation at Cemeteries and Crematoria Office of Food and Environmental Hygiene Department for a deceased who was cremated at a crematorium managed by the department.

In Hong Kong it is possible to donate a body to medical research after death but the intention to donate must have been formally registered at https://www.greenburial.gov.hk/en/others/body.html.

If someone cannot pay for a funeral, the Hong Kong Government will arrange a ‘pauper’s funeral’. Ashes of the pauper’s funeral will be scattered at a designated place and no marking of burial place will be made.

Please note if a local burial or cremation takes place, then an inquest in the UK will not be possible. For more information on inquests, see the information on UK coroners and inquests.

Return of personal belongings

Personal belongings found on the deceased at the time of death are usually taken by the police. If the next of kin chooses repatriation, it is advisable to instruct the funeral director to collect the belongings from the police and to ship them with the body. If there is an investigation into the death, some items may be retained as evidence and will not be returned until the case is finished.

If the Personal belongings are under the value of HK$5000, they will be returned to the next of kin, or their authorised representative without any formalities. However, if the value is higher than HK$5000, the next of kin, or their authorised representative will have to apply for the personal effects through the Probate Registry of the High Court:

LG3, High Court Building
38 Queensway, Hong Kong
Tel: (852) 2840 1683

Website: https://www.judiciary.hk/en/court_services_facilities/probate.html#2

Please note, the British High Commission or Consulate cannot take responsibility for the personal belongings of the person who died.

Steps to take in the UK

You can find more information on the steps to take in the UK online. This includes information on arranging the funeral, telling the government about the death, UK pensions and benefits, and dealing with the estate of the person who died. There is a step-by-step guide about what to do when someone dies.

British passport cancellation

In order to avoid identity fraud, the passport of the person who died should be cancelled with His Majesty’s Passport Office (HMPO). To do this, you will need to complete a “D1 form”.

The form and instructions on where to send the passport is available online. See guide on what to do with a passport when the passport holder has died.

If you plan to repatriate the person who died to the UK, you may require their passport to do this. In these circumstances, you should cancel the passport after they have been repatriated.

Child deaths

There is no separate procedures for deaths involving children, if case of child death reported to police and the cause of death is unclear, forensic pathologist would normally recommend an autopsy to the Coroner despite request for a waiver by the family.

The Hong Kong Hospital Authority follows the guidelines issued by the Hong Kong College of Obstetricians and Gynaecologists in the definition of “stillbirth” as a baby born with no signs of life at or after 24 weeks of gestation, or with a birth weight of more than 500 grams when the gestation age is uncertain. All stillbirth are reportable cases to Coroner.

Abortuses of less than 24 weeks’ gestation do not meet the requirements for obtaining the death certificate, medical certificate, or cremation order. Parent may use private companies providing cremation services for the remains of living organisms or to apply to the Catholic Diocese for keeping their abortuses in its designated cemeteries.

Deaths in road traffic accidents

Police (or the Traffic Police) in the district in which the death occurred in traffic accident will lead an investigation and report to the Coroner. Coroner will decide whether report is sufficient or whether independent opinion from experts are needed or not. Having considered all the requisite information and all the circumstances of the case, the coroner may decide whether to conclude the case or hold an inquest into the death. Police will also refer the case to Department of Justice to decide what charges will be brought against the defendant. Family can request a copy of the investigation report from the Coroner court.

Deaths investigated as murder or manslaughter

If the local police have confirmed that they are investigating the death as a murder or manslaughter a dedicated team within the Foreign, Commonwealth and Development Office will be available to provide support, including by referring you to a specialised organisation. You can find more about how the FCDO can help with murder and manslaughter abroad.

If a death is regarded as suspicious the Police will investigate in full and will report to Coroner. Case will then be passed to the Prosecution Division of the Hong Kong Department of Justice for prosecution.

A Coroner will investigate the circumstances surrounding the death to find out the identity of the deceased person, when and where they died, how they died and the cause of death.

Next of kin will be provided the name and contact details of the officer in charge of the case. They will be kept fully informed of the progress of the case. Where prosecution is proceeding, the steps which follow in the prosecution process, the progress of the investigation, the role as witnesses in the prosecution of the offence, the date and place of the hearing of the proceedings, and the final disposal of the case, including the outcome of any appeal.

You should note that if the deceased is repatriated to parts of the UK a coroner or procurator fiscal may decide to hold an inquest. See the section on UK Coroners and inquests below.

UK coroners and inquests

If you repatriate the person who died to England and Wales, there may be an inquest. The decision on when to hold an inquest is made by His Majesty’s Coroner. Please note, an inquest will usually only happen in certain situations, for example, when someone has died in suspicious, unnatural, and violent circumstances or whilst in detention. If the person who died is cremated and only their ashes are brought home, there will not be an inquest.

If you repatriate the person who died to Scotland, the Procurator Fiscal may decide to call for a Fatal Accidents or Injuries Inquiry.

If you repatriate the person who died to Northern Ireland, there will be no coronial inquest or further inquiry.

Please note, Procurators Fiscal and Coroners do not have jurisdiction in another country, nor do they seek to apportion blame to a named individual.

You can find more information on Coroners and the Procurator Fiscal in the FCDO guide on death abroad.

Legal Aid

Legal Aid in Hong Kong is a legal service dealing mainly with criminal legal matters to ensure that any person who has reasonable grounds for taking or defending a legal action is not deprived from doing so because of lack of means.

Any person, whether or not resident in Hong Kong, who is involved in the above court proceedings may apply for legal aid. Legal aid will be granted if the applicant is able to satisfy the statutory criteria as to the financial eligibility and the merits for taking or defending the legal proceedings.

For further information on this or how to find a lawyer if you need one, see our list of lawyers.

Compensation

In Hong Kong - Criminal and Law Enforcement Injuries Compensation (CLEIC)

The aim of this scheme is to provide cash assistance both-to those who are injured, disabled or killed as a result of a crime of violence and to those who are accidentally injured, disabled or killed by a law enforcement officer using a weapon in the execution of his duty and their dependants in cases of death in both situations. The scheme is non-means tested. Payments under the scheme are to be made from public funds.

This scheme is applicable to Hong Kong residents as well as foreign nationals whose stay in Hong Kong is legal.

For further information, please contact:

The Secretary
Criminal and Law Enforcement Injuries Compensation Boards
Room 703, 7th Floor, Wu Chung House
213 Queen’s Road East
Wan Chai, Hong Kong
Tel: (852) 2892 5220
Fax: (852) 2575 7938

Email: [email protected]

Website: https://www.swd.gov.hk or http://www.police.gov.hk/ppp_en/04_crime_matters/cvc.html

In the UK - You can find information on UK compensation for victims of terrorism overseas.

Additional support

Local support organisations

Hong Kong Social Welfare Department

The Samaritans

Comfort Care Concern

Jockey Club End of Life Community Care Project

Support organisations in the UK

In the UK, there are many organisations that can help bereaved families. Some of these are listed in the coping with death abroad guide.

We also have information on victim of crime.