Remarks: Adaptation amendments retroactively made - see 4 of 2000 s. 3 To give statutory recognition to and to regulate the provision of permanent cemeteries for persons of Chinese race permanently resident in Hong Kong and to provide for the proper maintenance and administration thereof, and for purposes connected therewith. (Amended 4 of 2000 s. 3) [4 December 1964] (Originally 35 of 1964) Cap 1112 Preamble WHEREAS- (a) by 3 deeds of appropriation dated respectively 16 June 1913, 22 August 1929 and 31 May 1963 (hereinafter referred to as the Deeds of Appropriation) certain parcels of land were thereby appropriated for use as cemeteries for persons of Chinese race who were permanent residents of Hong Kong although the title to the said land remained vested in the Crown; (Amended 31 of 1994 s. 5) (b) the cost of laying out the land the subject of the said Deed of Appropriation dated 16 June 1913, was met by subscription and by the said Deed it was provided that the application of the sums so raised, and the duty of managing the cemetery the subject thereof, be entrusted to a Board of Management (in this Ordinance referred to as the former Board where the context so requires) subject to the rules and regulations set out in the said Deed; (c) the said rules and regulations provided, inter alia, that the former Board should be composed of not less than 12 nor more than 20 members of whom the Director of Public Works, the Secretary for Chinese Affairs (then styled Registrar General) and the Director of Urban Services (then styled the Head of the Sanitary Department) were ex officio members and the remaining members were to be selected from and elected by those who subscribed as mentioned in paragraph (b) and were, subject to certain exceptions, to hold office for life; (d) by the subsequent Deeds of Appropriation the additional pieces of land therein described were appropriated to the former Board upon terms similar to those upon which the first piece of land was appropriated thereto and the cost of laying out such subsequent pieces of land as cemeteries was met out of the funds, then held by the former Board, derived from the management of the first cemetery; (e) all of the said pieces of land are now used exclusively as cemeteries and burial grounds for persons of the Chinese race permanently resident in Hong Kong; (Amended 31 of 1994 s. 5) (f) it is considered desirable that the said former Board be dissolved and replaced by a body corporate having perpetual succession and full powers to provide, administer and manage cemeteries and burial grounds for such persons of the Chinese race: Cap 1112 s 1 Short title This Ordinance may be cited as the Chinese Permanent Cemeteries Ordinance. Cap 1112 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "Board" (委员会) means the Board of Management of the Chinese Permanent Cemeteries established by virtue of the provisions of section 3; "Chairman" (主席) means the Secretary for Home Affairs; (Amended L.N. 22 of 1969; L.N. 257 of 1975; L.N. 370 of 1981; L.N. 67 of 1985; L.N. 262 of 1989) "Chinese Permanent Cemetery" (华人永远坟场) means any cemetery or burial ground for the time being under the management and control of the Board; "Deeds of Appropriation" (各拨地契据) means the Deeds of Appropriation referred to in paragraph (a) of the preamble to this Ordinance; "former Board" (前度委员会) means the Board of Management referred to in paragraph (b) of the preamble; "permanently resident in Hong Kong" (在香港永久居住), in relation to any person, means continuously resident in Hong Kong for such period of time and subject to such conditions as the Board may prescribe by rules made under section 8. (Amended 31 of 1994 s. 5) Cap 1112 s 3 Establishment and constitution of Board Remarks: Adaptation amendments retroactively made - see 4 of 2000 s. 3 (1) There shall be established in Hong Kong a Board which shall be called the Board of Management of the Chinese Permanent Cemeteries. (Amended 31 of 1994 s. 5) (2) The Board shall consist of- (a) the following ex officio members- (i) the Secretary for Home Affairs, who shall be the Chairman of the Board; (Amended L.N. 22 of 1969; L.N. 257 of 1975; L.N. 370 of 1981; L.N. 67 of 1985; L.N. 262 of 1989) (ii) the Director of Lands; (Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993; L.N. 230 of 1995) (iii) the Director of Food and Environmental Hygiene; and (Replaced 78 of 1999 s. 7) (iv) (Repealed 78 of 1999 s. 7)(b) not less than 8 nor more than 16 other members who shall be appointed by the Chief Executive and shall hold office for 3 years and shall thereafter be eligible for reappointment to the Board for further such periods as the Chief Executive shall think fit. (Amended 30 of 1987 s. 2; 4 of 2000 s. 3)(3) Any ex officio member, other than the Secretary for Home Affairs, may appoint in writing a senior member of the staff of his Department to act on his behalf at all or any meetings of the Board: (Amended L.N. 22 of 1969; L.N. 257 of 1975; L.N. 370 of 1981; L.N. 67 of 1985; L.N. 262 of 1989) Provided that no such appointment shall be valid for more than 12 months from the date thereof. (4) Any member of the Board, other than an ex officio member, may, on giving not less than 1 month's notice in writing to the Chief Executive, resign from the Board. (Amended 4 of 2000 s. 3) (5) The Chief Executive may terminate the appointment to the Board of any member, other than an ex officio member, during the term of office of such member- (Amended 4 of 2000 s. 3) (a) on being requested in writing so to do by a majority of three-quarters of the members present at any meeting resolving such course; (b) in the case of incapacity of such member; (c) in the case of absence from Hong Kong for more than 12 months of such member. (Amended 31 of 1994 s. 5)(6) There shall be a Treasurer and a Secretary to the Board who shall be appointed by the Board. Cap 1112 s 4 Meetings of the Board (1) The Board shall meet at such times and in such places as the Chairman may appoint: Provided that- (a) the Board shall meet not less than twice in each calendar year and one of such meetings shall be an annual general meeting at which the annual accounts of the Board shall be presented; and (b) no meeting of the Board shall be deemed to have been validly convened unless not less than 4 days' or, in the case of an annual general meeting, 14 days' notice in writing thereof has been given to each member of the Board then present in Hong Kong. (Amended 31 of 1994 s. 5)(2) At any meeting of the Board 7 members shall constitute a quorum. (3) The validity of any proceedings of the Board shall not be affected by any vacancy among the members thereof or by any defect in the appointment of any member thereof. (4) All questions coming or arising before a meeting of the Board shall be determined by a majority of the members thereof present and voting thereon. (5) The Chairman at any meeting of the Board shall have an original vote and also, if upon any question the votes shall be equally divided, a casting vote. (6) If the Chairman is unable to take the chair at any meeting of the Board he may nominate any other member thereof to take the chair in his stead, or, in the absence of the Chairman and such other member, if any, the members present and voting at the meeting shall elect from among their number 1 member to take the chair thereat. (7) The Board may make standing orders for regulating the procedure at, and in connection with, its meetings. Cap 1112 s 5 Conduct of business of the Board (1) The Board may conduct its business in such manner as appears to it expedient and may for that purpose appoint from among its members select committees and may authorize any such committee to co-opt thereto such additional members, not necessarily being members of the Board, as may appear to it to be necessary for the proper conduct of the business delegated to it by the Board. (2) The Board may employ, upon such terms and conditions as it may think fit, such staff as shall appear to it to be necessary for the proper conduct of the business of the Board. Cap 1112 s 5A Transaction of business by circulation of papers The Board and any committee appointed by it under section 5(1) may transact any business by circulation of papers, and a resolution in writing which is approved in writing by a majority of their respective members shall be as valid and effectual as if it had been passed at a meeting of the Board or of such committee. (Added 31 of 1994 s. 2) Cap 1112 s 6 Purposes of the Board The purposes of the Board shall be to provide, maintain and administer cemeteries and burial grounds for persons of the Chinese race permanently resident in Hong Kong. (Amended 31 of 1994 s. 5) Cap 1112 s 7 Powers of the Board (1) For the purposes specified in section 6, the Board shall have full power- (a) to acquire, accept leases of, purchase, take and otherwise hold and enjoy any lands, buildings, messuages or tenements of what nature or kind soever and wheresoever situate; (Amended 74 of 1974 s. 3) (b) to acquire, by purchase or otherwise, goods and chattels of what nature or kind soever; (c) to invest moneys in such investments as the Board thinks fit, whether or not such investments are in Hong Kong or are authorized by section 4 of the Trustee Ordinance (Cap 29); (Replaced 31 of 1994 s. 3) (d) to grant, sell, convey, assign, surrender, yield up, mortgage, demise, let, reassign, transfer or otherwise dispose of any lands, or buildings, messuages, tenements, mortgages, debentures, debenture stocks, funds, securities, goods and chattels for the time being vested in the Board, upon such terms as the Board may deem fit; (e) to erect any buildings, messuages or tenements and effect any improvement thereto; (f) to borrow money upon such terms as the Board shall think fit, and to raise money by public or private subscription; and (g) generally, to do such other things as may appear to be incidental or conducive to the proper carrying out of the purposes of the Board as set out in this subsection.(2) In addition to and notwithstanding anything contained in subsection (1), the Board may donate to any charity operating for the benefit of persons of the Chinese race in Hong Kong any moneys vested in it which are or may become surplus to the requirements of the proper management, and administration and maintenance of any Chinese Permanent Cemetery for the time being under the control of the Board. (Amended 31 of 1994 s. 5) Cap 1112 s 7A Power of the Board to employ manager of investments (1) The Board may employ any person or body to manage the investment of the moneys of the Board, or any property held by the Board for the purpose of investment. (2) Where the Board employs a person or body under subsection (1), the Board, or a committee appointed under section 5(1) and expressly authorized in that regard, may from time to time issue in writing to such person or body general or specific directions relating to the performance of his or its functions, and such person or body shall act in accordance with such directions. (3) The Board shall not be responsible for the consequences of any act or omission of a person or body employed under subsection (1) in good faith if such act or omission is not consistent with any direction given under subsection (2) by the Board or a committee. (Added 31 of 1994 s. 4) Cap 1112 s 8 Power of the Board to make rules (1) The Board may make rules to govern- (a) the conduct of the internal affairs of the Board; and (b) the management and use of any Chinese Permanent Cemetery.(2) Without prejudice to the generality of subsection (1), such rules may- (a) lay down a scale of fees to be charged on the grant to any person of a right to use or designate a grave space for the burial of himself or any member of his family; (b) regulate the manner of burial and the forms of burial service, ceremonies or rites to be performed in commemoration of the dead; (c) regulate the dimensions, allocation and use or reservation of grave spaces; (d) provide for the termination and cancellation of any right referred to in paragraph (a); and (e) provide for the disinterment and removal of human remains.(3) Nothing in this section shall be construed to empower the Board to make any rule- (a) which derogates from any of the provisions of any by-laws or regulations made pursuant to any of the provisions of the Public Health and Municipal Services Ordinance (Cap 132) which relate to the control of private cemeteries within the meaning of that Ordinance; or (Amended 10 of 1986 s. 32(1)) (b) the contravention of which shall constitute a criminal offence by any person. Cap 1112 s 9 Incorporation of the Board and use of common seal (1) The Board shall be a body corporate and shall have the corporate name of "The Board of Management of the Chinese Permanent Cemeteries", and in that name shall have perpetual succession and may sue and be sued in all courts and shall have and may use a common seal bearing such name. (2) Any deed, document or other instrument requiring the seal of the Board shall be sealed with the common seal and signed by the Chairman and by the Secretary or the Treasurer of the Board or by such other person as the Board may by resolution appoint for that purpose and such signing shall for all purposes be taken as sufficient evidence of the due sealing of such deed, document or other instrument. Cap 1112 s 10 Accounts (1) The Board shall cause proper accounts to be kept of all transactions of the Board and shall cause to be prepared for every period of 12 months ending on 31 December, in each year, a statement of the accounts of the Board, which statement shall include an income and expenditure account and a balance sheet. (2) The accounts of the Board and the statement of the accounts shall be audited by a certified public accountant (practising) as defined in the Professional Accountants Ordinance (Cap 50), not being a member or ex-member of the Board, who shall certify the statement subject to such report, if any, as he may think fit. (Amended 76 of 1973 s. 3; 23 of 2004 s. 56) (3) The audited statement of accounts together with the auditor's report, if any, shall thereafter be laid before the Board at the next succeeding annual meeting thereof. Cap 1112 s 11 Transitional provisions On the commencement of this Ordinance- (a) all those pieces or parcels of land appropriated by the several Deeds of Appropriation to the use of the former Board are deemed to have been appropriated to the use of the Board upon the same terms and conditions upon which they were appropriated to the use of the former Board until the said land be vested in the Board by appropriate leases of the same; (b) the existing rules governing the maintenance and management of Chinese Permanent Cemeteries made by the former Board shall be deemed to have been made by the Board and shall remain in operation unless and until the same be revoked or replaced by new rules made by the Board pursuant to the provisions of section 8. Cap 1112 s 12 Saving Remarks: Adaptation amendments retroactively made - see 4 of 2000 s. 3 Nothing in this Ordinance shall affect or be deemed to affect the rights of the Central Authorities or the Government of the Hong Kong Special Administrative Region under the Basic Law and other laws, or the rights of any body politic or corporate or any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. (Amended 4 of 2000 s. 3)
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