CREMATION REGULATIONS

CREMATION REGULATIONS

CREMATION.

CREMATION REGULATIONS.

(Cap. 133, section 7).
(Ordinance No. 40 Of 1934).

[18th January, 1935.]

PART 1.
1 The regulations in this Part do not apply to the
burning of hurnan remains under and in accordance with a
permit granted by the Director of Medical and Health
Services or the Urban Council as mentioned in section 4 of
the, Ordinance.

2. The crematoria named in the Second Schedule
hereto and every crematorium hereafter established with the
consent of the Governor shall be-
(a) maintained in good working order;
(b)provided with a sufficient number of attendants;
and
(c) kept constantly in a cleanly and orderly condition

Provided that any such crematorium may be closed by
order of the Director of Medical and Health Services or the
Urban Council if not less tlian one month's notice is given
by advertisement in the Gazette and by written notice fixed
at the entrance to the crematorium.

The Director of Medical and Health Services or the
Urban Council shall give notice in writing to the Colonial
Secretary of the opening or closing of any such crema-
torium.

3. Every crematorium shall be open to inspection at
any reasonable time by any officer autlicrized by the
Governor for that purpose, or by the Director of Medical
and Health Services and any officer of the kledical Depart-
ment authorized by him in writing to make such inspections
or by any member of the Urban Council or by any officer
of the Sanitary Department authorized by the Chairman
of the Urban Council in writing to make such inspections.





4. Except pursuant to a magistrate's cremation order
it shall not be lawful to cremate the remains of any person
who.is known to have left a written direction to the con-
trary.

5. Any act which is authorized or required by any
of the following regulations to be done by the Director of
Medical and Health Services may be done by any officer
of the Medical Department appointed by him in w~riting
for that purpose.

6. Except pursuant to a magistrate's cremation order
no cremation shall be allowed without a permit in writing
signed.by the Director of Medical and Health Services.

7. ' No permit for cremation shall be. issued by the
Director of Medical and Health Services unless application
therefor is made in Form i in the First Schedule by in
executor or by the nearest surviving relative in Hong Kong
of the deceased or by the duly authorized attorney or agent
in Hong Kong of either of them : Provided that, if there
is no executor or relative of the deceased or attorney or
agent of either of them in Hong Kong, and a written
direction signed by the deceased in his life time requesting
the cremation of his remains is produced to the Director
of Medical and. Health Services,.the Director of Medical
and Health Services may (subject to the other provisions
of these regulations) issue a cremation permit: Provided
that the Director of Medical and Health Services rnay, if
there is no executor or relative or attorney or agent or
.written direction as above, select the person body or institu-
tion best fitted in his discretion to rnake the application,
and upon such application being made issue a cremation
permit.

8. No permit for cremation shall be issued by the
Director of Medical and Health Services unless either-
(a)a certificate of the cause of death under paragraph
(b) of section 20 of the Births and Deaths Regis-
tration Ordinance, shall have been given by a
person authorized to give such certificates, accom-
pnnied by a cremation certificate in Form 2 in the





First Schedule to these regulations by the said
person so aUlhorized as aforesaid or by another
person authorized to give such first-mentioned
certificate, and it shall appear from such last-
mentioned certificate that the death was not due to
poison or lo violence or to any illegal operation
011 to privation or neglect. or
(b)the Registrar of Births and. Deaths has certified,
as the result of inquiries instituted or caused to be
instituted by him pursuant to section 21 Of the
Births and Deaths Registration Ordinance, that it
appears that the death was not due to poison or
to violence or to any illegal operation or to priva-
tion or neglect ; or
(c)a post mortem examination of the remains has
been held by the Director of Medical and Health
Services, or by a medical officer appointed by the
Governor under section 5 of the Magistrates
(Coroners Powers) Ordinance, or by any two
registered medical practitioners, and such medical
officer or both of such practitioners shall certify in
Form 3 in the First Schedule to these regulations
that to the best of his or their knowledge and belief
the death was not due to poison or to violence or
to any illegal operation or to privation or to
neg lect., or
(d)in the case of a still-born child, a written certi-
ficate or declaration under paragraphs (a) and (b)
of section .8 of the Births and Deaths Registra-
tion Ordinance, to the effect that the child was not
born alive shall have been given by a person
authorized to give such certificate or required to
rnake such declaration.

9. On the production of the necossary - certificates
issued in accordance with paragraphs (a), (b) or (c) of
regulation 8 of these regulations, the Director of Medical
and Health Services shall issue a permit in writing in
Form 4 in the First Schedule to these regulations
authorizing the cremation of the-remains at a place to be
named in the permit : such permit shall be handed to the
person in charge of the crematorium and shall be returned





by him to the Director of Yledical and Flealth Sei-vices on
completion of the cremation : Provided that the Director of
Medical and Health Services in any case. in his absolute
discretion may decline to issue a Permit, or if a permit has been
issued may withdraw such permit at any time before the
cremation has taken place.

10. If a magistrate discharging the duties of coroner has
given notice that lie intends to hold in inquest 011 ill(' body, the
Director of Medical and Health Services shall not allow the
cremation to take place. until the disposal of the body has been
authorized by such magistrate.

' 11. In the case of the remains of a person who has died in
any place out of the Colony, the Director of Medical and Health
Sei-vices may accept a decktration containing the prescribed
partictilars if it is made before any person having authority in
that place to administer in oath or to take a declaration, and he
may accept medical certificates if they are signed by any
medical practitioners who are shown to his satisfaction to
possess qualifications substantially equivalent to those
prescribed in the case of each certificate by these regulations.

12. The foregoing regulations, oilier than regulItion 4, do not
apply to the cremation of the remains of a deceased person who
has already been buried for not less than one year and which
have been lawfully exhumed. Such remains may be cremated
subject to the conditions applicable to the exhumation, and any
such cremation in which those conditions are not observed shall
be deenied a contr - entio- - of -these - regulations.

av n

13. After the cremation of the remains of a deceased
person, the ashes shall be given into the charge of the person
who applied for the cremation if he so desires. If such person
does not desire to receive the ashes, they shall be retained by
the cremation authority, and in the absence of any special
arrangement for their burial or preservation shall be decently
interred in a burial ground or in ]and adjoining the crematorium
reserved for the burial of ashes.





Ill the case of ashes left temporarily in the car(- of a person
in charge of a crematorium, and' not removed within *a
reasonable time, a fortnight's notice shall be given to the
person who applied for the cremation before the ashes are
interred. Ally such notice may be given by post letter
addressed to such person at his usual or last known address
ill the colony.

14. A register shall be kept in Engli sh by the person
ill charge of each crematorium, at or near tile crematorium
shmving the date of 'each cremation, and as far as the
circumstances of the case permit the name, sex, and age.
of the person whose remains have been cremated : Such
register shall bc open to inspection by ally member of the
public at any reasonable hour.

PART II.

15. Every person to whom a pernlit shall have been
granted by the Director of Medical and flealth Services
or Ille Urban Council as mentioned ill scctiOll 4 Of the
Ordinance, and in the case of the grant of such a permit
to a society or .ill institution every person having or taking
part ill the conduct, management or control of the society
or institution, and every person acting or purporting to act
ill ally way under any such permit as is in this regulation
mentioned shall duly observe, perform and comply with the
ternis and conditions thereof.

16. Any person who acts ill contravention 'of regula-
tiOlIS 2 (a), (b) and (c), 4, 6, 12, 14 and 15 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.

17. These regulations may be cited as the Cremation
Regulations.





FIRST SCHEDULE.

FoRm 1. [reg. 7.1

The Cremation Ordinance.
(Chapter 133 of the Revised Edition).

~PPLICATION FOR PERMISSION TO CREMATE.

.................. executor
............................. being the nearest surviving relative
.................. . in Hong Kong
.................. .attorney or agent of the
.................. .executor or nearest relative
.................. .person selected in that behalf
.................. .by the Director of Medical
and Health Services.
of ............................................................................................
who died at ................on the
.......................day of 19 hereby apply for
permission to cremate the remains of the deceased in the ............
~~n***,****,*,*,***************,*,*,***,**,**,* ... crematorium at .....................
d I solemnly and sincerely declare that to the best of my
knowledge and belief it was not contrary to the wishes of the
deceased that h remains should be cremated.
1

I append hereto the certificates required by regulation 8 of
the regulations made under the Cremation Ordinance.

Dated this .day of ......19
Signature ..................................................
Address ....................................................

FoRm 2. [reg. 8 (a).]

The Cremation Ordinance.
(Chapter 133 of the Revised Edition).

CREMATION CERTIFICATE.

I hereby certify that to the best of my knowledge and belief
the death of .............................................................................
who died at ...............on the
day of .......19 ..........was not due to poison or to
violence or to any illegal operation or to privation or neglect.

Dated this .day of ......19

Signature ..................................................
Qualification ..............................................
Address.............................................................. .....





FORm 3. [reg. 8 (c).]

The Cremation Ordinance.
(Chapter 133 of the Revised Edition).

CERTIFICATE OF CAUSE OF DEATH AFTER POST
MORTEM EXAMINATION.
I/We ............hereby certify that I/we have
made a post mortem examination of the remains of ..................
............... who died on the day of
...........* .19 ...........at and that to the
best of my/our knowledge and belief h death was not due to
poison or to violence or to any illegal operation or to privation
or neglect.
Dated this................. day of 19

Signature 1

Qualification ...........................................
Address ....................................................

FORm 4. [reg. 9.1

...............The Cremation Ordinance.
...............(Chapter 133 of the Revised Edition).
...............PERMIT TO CREMATE.
...............I hereby authorize the cremation of the remains of ................
................ male/female aged who died at
.............................. on the day of
19
The cremation shall be carried out in the ...........................
crematorium at ......................................................
Dated this ................day of ....... 1 19

Director of Medical and Health Services.

SECOND SCHEDULE. [reg. 2].

1. The Japanese Crematorium at Sookunpoo.
2. The Sikh burning ground behind the Sikh Temple.
3. The ground~ to be known as Lot No. 4693, at Sookunpoo
which has been placed at the disposal of the Hindu Association,
for the erection of a crematorium.
G.N. 41/35. G.N. 200/37. G.N. 676/40. G.N.A. 79/51. G.N. 200/37. G.N. 200/37 G.N. 200/37. G.N. 200/37. [cf. Cap. 174, s. 17 (1).] (Cap. 174.) Second Schedule, Form 19.) (Cap.174.) (Cap. 14.) G.N. 676/40. [r. 9 cont.] G.N. 200/37. G.N.A. 79/51.

G.N. 41/35. G.N. 200/37. G.N. 676/40. G.N.A. 79/51. G.N. 200/37. G.N. 200/37 G.N. 200/37. G.N. 200/37. [cf. Cap. 174, s. 17 (1).] (Cap. 174.) Second Schedule, Form 19.) (Cap.174.) (Cap. 14.) G.N. 676/40. [r. 9 cont.] G.N. 200/37. G.N.A. 79/51.

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1950

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