CREMATION ORDINANCE, 1914

CREMATION ORDINANCE, 1914

-1914.-
No. 1 of 1914, incorporated In No. 15 of 1913.
No. 2 of 1914, repealed by No. 9 of 1916.
No. 3 of 1914, incorporated in No. 2 of 1900.
No. 4 of 1914, repealed by No. 130 of 1923.

No. 5 of 1914.
An Ordinance to provide for the regulation of the burning
of human remains and to enable crematoria to be
established.

[27th February, 1914.]
[Preamble, rep. Law Revision Ordinance, 1924.]

1. This Ordinance may be cited as the Cremation Ordi-
nance, 1914.

2. In this Ordinance,
(a) Burial authority means any board or body main-
taining a cemetry under the Public Health and Buildings
Ordinance, 1903), or Under any other Ordinance, and includes
the Sanitary Board.

(b) Crematorium means any building or place fitted
with appliances for the purpose of burning human remains.

3. The powers of a burial authority to provide and
maintain burial grounds or cemeteries, or anything essential,
ancillary or incidental thereto, shall be deemed to extend to
and include the provision and maintenance of crematoria:
Provided that no human remains shall be burned in any
such crematorium until the plans and site thereof have been
approved by the Director of Public Works and until the
crematorium has been certified by the burial authority to the
Governor to be complete, constructed in accordance with
such plans and properly equipped for the purpose of the
disposal of human remains by burning.

As amended by Law Rev. Ord, 1924.





4. No crematorium shall be constructed nearer to any,
dwelling-house than two hundred yards, except with the
consent in writing of the owner, lessee and occupier of such
house, nor within fifty yards of any public highway, nor in
the consecrated part of the burial ground of any burial
authority: Provided that the Governor in Council may
authorise the maintenance within these limits of any existing
crematorium for such period of time as he may think fit.

5. (1) It shall be lawful for the Governor in Council to
make regulations in respect of any of the following
matters:-
(a) the maintenance and inspection of crematoria;
(b) the cases in which and the conditions under which the
burning of any human remains may take place;
(c) the disposition or interment of the ashes resulting,
from any such burning;
(d) the forms of the notices, certificates and declarations
to be given or made before any such burning is permitted
to take place, such declarations to be made under and by
virtue of the Statutory Declarations Ordinance, 1893 ;
(e) the fees or charges for the burning of human remains
in any crematorium provided by any burial authority;
(f) the registration of such burnings as have taken place;
and
(g) all such other matters not hereinbefore specifically
mentioned as may conduce to the better carrying out of this
Ordinance.
(2) All statutory provisions relating to the destruction and
falsification of registers of burials, and the admissibility of
extracts therefrom as evidence in courts and otherwise, shall
apply to the registers of burnings directed by such regula-
tions to be kept.

6.-(1) Every person who contravenes any such regulation
as aforesaid, or knowingly carries out or procures or takes
part in the burning of any human remains, except in
accordance with such regulations and the provisions of this
Ordinance, shall (in addition to any liability or penalty which
he may otherwise incur) be liable upon summary conviction
to a fine not exceeding five hundred dollars.

As amended by Law Rev. Ord., 1924.

(2) Every person who wilfully makes any false declaration
or representation, or signs or utters any false certificate, with
a view to procuring the burning of any human remains, shall
(in addition to any penalty or liability which he may other-
wise incur) be liable to imprisonment, for any term not
exceeding two years.

(3) Every person who, with intent to conceal the commis-
sion or impede the prosecution of any offence, procures or
attempts to procure the cremation of any body or, with such
intent, makes any declaration or gives any certificate under
this Ordinance, shall be liable on conviction on indictment
to imprisonment for any term not exceeding five years.

7. The burial authority may demand payment of any such
charges or fees for the burning of human remains in any
crematorium provided by them as may be authorised by
regnlations made under this Ordinance, and such charges or
fees, and any other expenses properly incurred in or in
connexion with the cremation of a deceased person, shall be
deemed to be part of the funeral expenses of the deceased.

8. Northing in this Ordinance shall interfere with the
jurisdiction of any magistrate acting as coroner in this
Colony, and nothing in this Ordinance shall authorise the
burial authority or any person to create or permit a nuisance.
[s. 9, rep. Law Revision Ordinance, 1924.]
[Originally No.5 of 1914. Law Rev. Ord, 1924.] Short title. Interpretation Ordinance No.1 of 1903. Burial authority may provide for cremation. Site of crematorium. Regulations. Ordinance No.8 of 1893. Penalties for breach of regulations, etc. Fees for cremation. Saving for magistrate acting as coroner.

[Originally No.5 of 1914. Law Rev. Ord, 1924.] Short title. Interpretation Ordinance No.1 of 1903. Burial authority may provide for cremation. Site of crematorium. Regulations. Ordinance No.8 of 1893. Penalties for breach of regulations, etc. Fees for cremation. Saving for magistrate acting as coroner.

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