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(78 of 1999 s. 7) (Cap 132, section 116) [23 December 1960] (G.N.A. 155 of 1960) ________________________________________________________________________________ Note: This Regulation is deemed to have been made pursuant to section 116(1)(e) of the Ordinance as amended by the Public Health and Urban Services (Amendment) Ordinance 1969 as if that paragraph, as so amended, had been in force when this Regulation was made - see Ordinance 48 of 1969 s. 16. Cap 132BF s 1 (Repealed 78 of 1999 s. 7) Cap 132BF s 2 Interpretation In this Regulation, unless the context otherwise requires- (78 of 1999 s. 7) "building works" (建筑工程) includes any kind of building construction, site formation, repairs, demolition, alteration, addition and every kind of building operation, and includes drainage works; (L.N. 204 of 1972) "Director" (署长) means the Director of Food and Environmental Hygiene; (78 of 1999 s. 7) "private cemetery" (私营坟场) means any cemetery specified in Part II of the Fifth Schedule to the Ordinance. (78 of 1999 s. 7) Cap 132BF s 3 Management (1) The person entitled to the possession of any private cemetery shall appoint some person, not being a corporation, to be the manager thereof, and shall register with the Director the name and address of the person who is, for the time being, so appointed. (2) In the event of any change in the address of the person who is so appointed, the person entitled to the possession of the cemetery shall, within 14 days of such change, notify the Director thereof. (3) The manager so appointed shall- (a) maintain the cemetery at all times in a clean and tidy condition; (b) prevent the accumulation in the cemetery of any water likely to contain larvae or pupae of mosquitoes; and (c) submit to the Director rules providing for the management and control of the cemetery. (L.N. 80 of 1976)(4) The Director may approve the rules with or without modifications. (78 of 1999 s. 7) Cap 132BF s 4 Building work subject to consent of Director (1) No building works shall be carried out in a private cemetery without the consent in writing of the Director. (2) The Director may require the manager of a private cemetery to carry out any work therein which he considers necessary for reasons of public safety or health within such time as the Director considers reasonable. (3) Nothing in this section shall affect the provisions of the Buildings Ordinance (Cap 123). (L.N. 204 of 1972; 78 of 1999 s. 7) Cap 132BF s 5 Register of burials (1) The manager of every private cemetery shall maintain a register in which shall be recorded, not later than 48 hours after the reception into the cemetery of any human remains, the particulars specified in the Schedule relating to the person whose human remains have been received therein and to such remains, together with the signature of the person in charge of the disposal thereof. (2) Each month, not later than the 7th day thereof, the manager of every private cemetery shall send to the Director a duplicate copy of every entry recorded during the preceding month in such register. (3) The duplicate copy sent to the Director in accordance with the provisions of subsection (2) shall be open to inspection by any member of the public on application to the Director. (78 of 1999 s. 7) (4) On 1 April 1973 and thereafter at the expiration of each period of 3 months, the manager of a private cemetery shall forward to the Director a return showing the number of grave spaces, vaults and niches available for allocation. (L.N. 204 of 1972; 78 of 1999 s. 7) Cap 132BF s 6 Allocation and size of grave spaces (1) The manager of a private cemetery shall allocate a grave space only for the immediate interment of human remains. (2) If an interment does not take place within 1 month from the date of allocation of the grave space, the manager shall cancel the allocation and shall refund any fees which may have been paid for the interment. (3) Save as provided in subsection (7), no interment shall take place in an allocated grave space other than the interment for which the grave space was allocated under subsection (1). (78 of 1999 s. 7) (4) A grave for the interment of human remains, other than those resulting from exhumation or ashes after cremation, shall not exceed an area of 900 x 2400 mm. (L.N. 80 of 1976; L.N. 89 of 1979) (5) A grave for the reburial of human remains after exhumation or for the interment of ashes after cremation shall not exceed an area of 900 x 900 mm, except in any case to which section 121 of the Ordinance applies. (L.N. 80 of 1976; L.N. 89 of 1979) (6) Not more than one grave space shall be allocated for the interment of one set of human remains. (7) Subject to the provisions of section 9(1), several interments may be allowed in one grave on application by the person to whom a grave space has been allocated. (L.N. 80 of 1976; 78 of 1999 s. 7) (8) Subsections (4) and (5) shall not apply to a grave in a grave space where the grave space was duly reserved or set aside for a person prior to 1 January 1973 in accordance with any rules, regulations or other document governing the management of the cemetery and by a person duly authorized to so reserve or set aside the grave space. (L.N. 80 of 1976; 78 of 1999 s. 7) (L.N. 204 of 1972) Cap 132BF s 7 Certain permits or certificates to be produced at time of interment A person in charge of the disposal in a private cemetery of the human remains of any person shall, in relation to such remains, produce to the manager of the cemetery at the time when the interment takes place- (a) in the case of a first interment of the body of a person dying in Hong Kong- (10 of 1986 s. 32(2)) (i) a permit of a police officer issued under the provisions of the proviso to section 16(1) of the Births and Deaths Registration Ordinance (Cap 174); (ii) a certificate of registration of death or of a coroner's order issued under the provisions of section 17(1) of the Births and Deaths Registration Ordinance (Cap 174); or (iii) in the case of the body of a still-born child, a certificate, declaration or coroner's order issued or made under the provisions of section 18 of the Births and Deaths Registration Ordinance (Cap 174); or(b) in any other case, the permission in writing of the Director authorizing the interment. (78 of 1999 s. 7) (L.N. 204 of 1972) Cap 132BF s 8 Numbering of graves, etc. Every grave, vault, niche, ossuary or columbarium in a private cemetery shall be marked in a permanent manner with a distinguishing number or Chinese character, which shall correspond with the number or character entered in the register kept in accordance with the provisions of section 5(1). (L.N. 80 of 1976; 78 of 1999 s.7) Cap 132BF s 9 Manner of burial (1) No person shall, in any private cemetery- (a) cause any human remains to be buried in a grave in such a manner that any part of the coffin, or the body if the same is not encoffined, is at a depth of less than 900 mm below the level of the ground adjoining the grave: Provided that, where skeletal remains or ashes are contained in an urn, a depth of 450 mm shall suffice; (L.N. 89 of 1979)(b) cause any human remains to be buried in a grave unless the coffin, or the body if the same is not encoffined, is effectually separated from any other coffin or body which is already in the grave by means of a layer of earth not less than 150 mm in thickness; or (L.N. 89 of 1979) (c) cause any grave to be dug in such a manner as to leave- (i) less than 300 mm; or (L.N. 89 of 1979) (ii) except in the case of a grave in a grave space reserved or set aside before 1 January 1973, more than 450 mm, (L.N. 89 of 1979) interspace between any part of such grave and any other grave. (L.N. 80 of 1976)(2) Save in so far as may be necessary in the course of disposing of any human remains contained therein, no person shall, in any private cemetery, leave any coffin or urn deposited on the surface of the ground. Cap 132BF s 10 Re-opening of graves Where, in any private cemetery, any grave is re-opened for the purpose of making another interment therein, no person shall disturb any human remains interred therein or remove therefrom any soil which is offensive. Cap 132BF s 11 Burial in vaults (1) No person shall deposit any human remains in a vault in a private cemetery unless such remains are encoffined: Provided that skeletal remains or ashes after cremation may be enclosed in an urn. (2) Every person who deposits any human remains in a vault shall, within 24 hours after the deposit in the vault of the coffin containing such remains, cause the coffin to be wholly and permanently embedded in and covered with a layer of good cement concrete, not less than 150 mm in thickness, or to be wholly and permanently enclosed in a separate cell or receptacle which shall be constructed of slate or stone flagging, not less than 50 mm in thickness and properly jointed in cement, or of good brickwork in cement and in such a manner as to prevent, so far as practicable, the escape of any noxious gas from the interior of the cell or receptacle. (L.N. 89 of 1979) (3) The provisions of subsection (2) shall not apply to any skeletal remains or ashes after cremation which are enclosed in an urn. (78 of 1999 s. 7) Cap 132BF s 12 Scattering of ashes after cremation Nothing in this Regulation shall be taken or construed to prevent the scattering of ashes after cremation upon the surface of the ground in any private cemetery. (78 of 1999 s. 7) Cap 132BF s 13 Offences and penalties (1) Any person who- (a) for the purpose of obtaining the permission of the Director for the interment in a private cemetery of the human remains of any person, makes any declaration or statement which he knows, or has reason to believe, to be false in a material particular; (b) contravenes any of the provisions of section 3(1), (2) or (3), section 4(1) or (2), section 5(1), (2) or (4), section 6(1) to (6), section 9 or 10, section 11(1) or (2) or section 15(1), (3) or (4), (L.N. 80 of 1976)shall be guilty of an offence and shall be liable on summary conviction to a fine at level 2 and, where the offence is a continuing offence, shall be liable in addition to a fine of $100 for each day during which it is proved to the satisfaction of the court that the offence has continued. (L.N. 204 of 1972; L.N. 304 of 1987) (2) In the event of any contravention of the provisions of section 8, the manager of the cemetery shall be guilty of an offence and shall be liable on summary conviction to a fine at level 2. (L.N. 204 of 1972; L.N. 80 of 1976; L.N. 304 of 1987) (L.N. 177 of 1996; 78 of 1999 s. 7) Cap 132BF s 14 Name in which proceedings for offences may be brought Without prejudice to the provisions of any other enactment relating to the prosecution of criminal offences and without prejudice to the powers of the Secretary for Justice in relation to the prosecution of such offences, prosecutions for an offence under any of the provisions of this Regulation may be brought in the name of the Director. (L.N. 362 of 1997; 78 of 1999 s. 7) Cap 132BF s 15 Fees (1) The manager of a private cemetery shall submit to the Director a table of fees to be charged by the manager- (a) for the interment of human remains in a grave or vault; and (b) for the deposit of human remains resulting from exhumation or ashes after cremation in a grave, vault, niche, ossuary or columbarium. (2) The Director may approve the table of fees with or without modifications.(3) The manager of a private cemetery shall cause to be displayed at a prominent place in the office of the cemetery or at the entrance to the cemetery the table of fees approved by the Director under subsection (2). (4) Subject to subsection (5), no fee, donation or other payment of any kind shall be solicited, demanded or accepted by, or on behalf of, a person who is- (a) a trustee of, or entitled to the possession of, or (b) the manager of, or (c) employed in or by,a private cemetery, directly or indirectly in connexion with- (i) the allocation of, or the interment of human remains in, any grave space or vault; (ii) the grant of an application under section 6(7) for interment in a grave space; (iii) the grant of permission to scatter ashes after cremation; (iv) the deposit of any human remains after exhumation or ashes after cremation in, or the provision for such purpose of, any space, vault, niche, ossuary or columbarium,in the private cemetery. (L.N. 80 of 1976) (5) Subsection (4) shall not apply to a fee included in the table of fees approved by the Director under subsection (2) or to the salary or wages paid to the manager or an employee of the private cemetery. (L.N. 80 of 1976) (L.N. 204 of 1972; 78 of 1999 s. 7) Cap 132BF SCHEDULE [section 5(1)] (78 of 1999 s. 7) PARTICULARS TO BE RECORDED IN REGISTER 1. Number in English or Chinese of grave, vault or urn (if any). 2. Manner of disposal of remains. 3. Date of disposal of remains. 4. Name of deceased. 5. Sex of deceased. 6. Age or approximate age of deceased. 7. Date of death. 8. Death registration number or burial order number. 9. Date of registration or date of order to bury. 10. Permanent address of deceased (abode). 11. Address at which death occurred. 12. Name and address of undertaker. 13. Name and address of next of kin of deceased. 14. By whom the ceremony was performed. 15. In the event of an exhumation- (a) date; (b) place of removal; (c) file reference.16. Remarks. (L.N. 204 of 1972)