CREMATION ORDINANCE

CREMATION ORDINANCE

CHAPTER 133.

CREMATION.

To make provision for the cremation of the dead.

[23rd November, 1934.]

1. This Ordinance may be cited as the Cremation
Ordinance.

2. In this Ordinance 'crematorium' means any building or
place designed or adapted for the purpose of burning human
remains.

3. The Governor may by notification in the Gazette make
orders for anv of the following purposes

(a)to set apart any place or building or portion of a
building for the purpose of a Government crematorium;

(b)to discontinue the use of any Governnient crematorium
and appropriate the site and buildings thereof to any
other lawful purpose;

(c)to assign the care, conduct and control of Governnient
crematoria to any person, board, body or institution.

4. No building or place shall be used as a crematorium other
than and except

(a) a Government crematorium;

(b)a crematorium established with the consent of the
Governor notified by order in the Gazette and specified
in regulations made hereunder;

(c)a building or place situate in the New Territories (other
than New Kowloon) in respect of which the Director
of Medical and Health Services shall have granted
special and written permission, upon such terms and
conditions as he may see fit, to some person, society or
institution to use the same for the cremation of the
human remains or class of human remains specified in
such permit;

(d)a building or place situate in Hong Kong, Kowloon or
New Kowloon in respect of which the Urban Council
shall have granted permission in writing under the hand
of its Chairman, upon such terms





and conditions as the Council may see fit, to some person,
society or institution to use the same for the cremation of the
human remains or class of human remains specified in the
permit.

5. Subject to the proviso to this section no human remains shall be
burned in any crematorium, other than a Government crematorium, until
the plans and site thereof have been approved by the Director of
Medical and Health Services or the Urban Council and by the Director
of Public Works, and until it has been made to appear to the Governor
that the crematorium is complete, aiid lias been constructed in
accordance with such plans and is properly equipped for the purpose
of the disposal of human remains by cremation : Provided that the
foregoing provisions of this section shall not apply to the burning of
human remains under and in accordance with a permit granted by the
Director of Medical and Health Services or the Urban Council under
section 4.

6. (1) Where application is made. under paragraph (d) of section 4
for the permission of the Urban Council to use for the burning of human
remains any building or place nearer to any dwelling house than two
hundred yards or within fifty yards of any public highway, the Council
shall cause notice of the application specifying the site to be published,
at the expense of the applicant, in English and

Chinese in three successive numbers of the Gazette.

(2) If any person objects to the grant of permission, in any case to
which subsection (1) is applicable, objection must be sent in writing to
the Secretary of the Urban Council to reach his office not later than
one week after the publication of the last of such notices.

(3) Every such objection together with any evidence that may be
tendered by the objector and the applicant or their representatives
shall be considered by the Urban Council before deciding whether or
not to grant the application.

(4) Any such decision shall be subject to appeal to the Governor
in Council by the applicant or any such objector.

7. (1) The Governor in Council may by regulations prescribe or
provide for-





(a) maintenance and inspection of crematoria;

(b)cases in which and conditions under which the burning of
any human remains may take place;

(c)disposal or interment of the ashes resulting from any such
burning;

(d)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;

(e)fees or charges to be taken and made for the cremation of
human remains in any crematorium;

(f) registration of the burnings;

(g)closing of crematoria, other than Government crematoria, and
delegation of authority to order such closure;

(h)offences and penalties under regulations made hereunder :
Provided that no penalty so prescribed shall exceed a fine of
one thousand dollars or imprisonment for six months; and

(i)all such other matters riot hereinbefore specifically
mentioned as may conduce to the better carrying out of this
Ordinance,

(2) All legislative 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 regulations to be kept.

8. (1) Any person who knowingly carries out or procures or takes
part in the burning of any human remains, except in accordance with
the provisions of this Ordinance aiid the regulations made hereunder,
shall (in addition to any liability or penalty which he may otherwise
incur) be liable to a fine of one thousand dollars or six months'
imprisonment.

(2) Any 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 lie may otherwise incur) be liable to
imprisonment for two years.





(3) Any person who, with intent to conceal the com-
mission 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 five years.

9. The prescribed fees, and charges and 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.

10. Nothing in this Ordinance shall interfere with any
jurisdiction or power of any magistrate to order the crema-
tion of a body, and nothing in this Ordinance shall authorize
any person to create or permit a nuisance.
40 of 1934. 52 of 1936. 22 of 1950. Short title. Interpretation. Orders as to crematoria. Use of unauthorized crematoria prohibited. 52 of 1936, s.2. 52 of 1936, s.2. [s. 4. cont.] Matters preliminary to burning of human remains in a crematorium. 52 of 1936, s.3. Provision for hearing objections where application for crematorium in certain locations. 52 of 1936, s.4. Regulations. (Cap. 11.) Penalties for breach of regulations, etc. 22 of 1950, Schedule. [s. 8 cont.] Fees and charges to be part of funeral expenses. Saving for magistrate.

40 of 1934. 52 of 1936. 22 of 1950. Short title. Interpretation. Orders as to crematoria. Use of unauthorized crematoria prohibited. 52 of 1936, s.2. 52 of 1936, s.2. [s. 4. cont.] Matters preliminary to burning of human remains in a crematorium. 52 of 1936, s.3. Provision for hearing objections where application for crematorium in certain locations. 52 of 1936, s.4. Regulations. (Cap. 11.) Penalties for breach of regulations, etc. 22 of 1950, Schedule. [s. 8 cont.] Fees and charges to be part of funeral expenses. Saving for magistrate.

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