CREMATION AND GARDENS OF REMEMBRANCE (URBAN COUNCIL) BY-LAWS

CREMATION AND GARDENS OF REMEMBRANCE (URBAN COUNCIL) BY-LAWS

CREMATION AND GARDENS OF REMEMBRACE
(URBAN COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law page

PART I

PRELIMINARY

1. Citation ............................... ... ... ... ... ... ... ... ... M 2
2. Application................................ ... ---. ... ... ... ... ... ... M2

3. interpretation.....................--- ... ... ... ... ... ... ... ... M 2

PART II

PERMITS TO
CREMATE

4. Application for cremation permit .......... ... . ... ... ... ... M 2

5. Grant of cremation permit .............. ... ... ... ... ... ... ... ... M 3

6. Cancellation of cremation permit .......... ... ... ... ... ... ... M 4

7. The burning of human remains prohibited except by permit or order ... ... M 5

PART III

GOVERNMENT
CREMATORIA

8. Hours of opening ........ .............. ... ... ... ... ... ... M 5

9. Restriction on cremation of human remains ... ... ... ... ... ... ... M 5

10.............................Restriction on removal of uncremated human remains ... ... ... ... ... M 5

11,.............Restriction on coffins .... ... ... ... ... ... ... ... ... ... ... ... M 6
12..............Provision of bearers ......... ... ... ... ... ... ... ... ... ... ... M 6

13.....................Disposal of ashes after cremation ... ... ... ... ... --- ... ... M 6
14.....................Control of memorials, inscriptions, etc . ... ... ... ... ... ... ... ... M 7

15................Conduct and behaviour ...... ... ... ... ... ... ... ... ... ... ... M 7

16.....................Restriction on attending cremations ... ... ... ... ... ... ... ... ... M 8

17.........Obstruction ....................... ... ... ... ... ... ... ... ... ... M 8

PART IV

GARDENS OF
REMEMBRANCE

18............Hours of opening ............... ... ... ... ... ... ... ... ... M 8
19............Allocations and layout ...... ... ... ... ... ... ... ... ... ... M 9
20............Disposal of ashes .............. ... ... ... ... ... ... ... ... ... ... M 9
21............Memorials, etc . ............... ... ... ... ... ... ... ... ... ... ... M 9

22................Conduct and behaviour ...... ... ... ... ... ... ... ... ... 1.1 M 9
23. Obstruction --- M 10







24. Books of Remembrance ... ... ... ... ... ... ... ... ... M10

PART V

MISCELLANEOUS



25. Penalties ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... M10

First Schedule. Form 1: Application to Cremate ... ... ... ... ... ... ... ... M 11
Form 2: Medical Certificate (Cremation) ... ... ... ... ... ... ... M 12
Form 3: Cremation Permit ... ... ... ... ... ... ... M 13
Second Schedule. Scale of fees ... ... ... ... ... ... ... ... ... ... ... ... ... M 14
Third Schedule. Repositories for human remains ... ... ... ... ... ... ... ... ... M 14





CREMATION AND GARDENS OF REMEMBRANCE
(URBAN COUNCIL) BY-LAWS

(Cap. 132, section 124E)

[24 May 1974.1

PART I

PRELIMINARY

1. These by-laws may be cited as the Cremation and Gardens of
Remembrance (Urban Council) By-laws.

2. These by-laws apply to the Urban Council area only.

3. In these by-laws, unless the context otherwise requires-

'ashes' means ashes resulting from the cremation of human remains;

'Council' means the Urban Council;

,,cremation order' means an order for the cremation of human remains
issued by a coroner in accordance with section 17 of the Births
and Deaths Registration Ordinance;

,,cremation permit' means a permit granted by the Director of Medical
and Health Services in accordance with by-law 5;

'garden of remembrance' means any place specified in Part VII of the
Fifth Schedule to the Ordinance;

'Government crematorium' means a crematorium specified in Part V of
the Fifth Schedule to the Ordinance;

'human remains' means the dead body of any human being or any still-
born child, but does not include ashes resulting from the cremation
thereof,

'medical practitioner' means a medical practitioner registered or
exempted from registration under the Medical Registration
Ordinance.

PART II

PERMITS TO CREMATE

4. (1) Application for a permit to cremate any human remains may
be made in Form 1 in the First Schedule to the Director of Medical and
Health Services by any of the following persons taking priority inter se
in the order set out in this by-law

(a)any executor of the deceased or his duly authorized attorney
or agent;





(b)the nearest surviving relative of the deceased present in Hong
Kong at the time of application or his duly authorized attorney
or agent;

(c)any person having in his possession a direction in writing
purporting to be signed by the deceased requesting that his
remains may be cremated;

(d)any person being eligible for grant of letters of administration
or probate;

(e)after the expiration of 48 hours from the death of the person in
respect of whose human remains the application is made, any
person who, in the opinion of the Director of Medical and
Health Services. is a suitable and proper person to make the
application.

(2) Every application made under paragraph (1) shall be
accompanied

(a)in the case of an application made in respect of a still-born
child, by a certificate issued in accordance with section 18 of
the Births and Deaths Registration Ordinance;

(b) in the case of human remains-

(i) of any person who had died out of Hong Kong;

(ii) which have been lawfully buried for less than 1 year and
which have been lawfully exhumed; or

(iii) which have been placed in a repository specified in the
Third Schedule,

by such documentary evidence of the cause of death of the
deceased as, in the opinion of the Director of Medical and
Health Services establishes that the deceased did not die
from the effects of poison, violence, illegal operation,
privation or neglect;

(e) in any other case, by-

(i) a certificate issued in accordance with the provisions of
section 20(b) of the Births and Deaths Registration
Ordinance, certifying the cause of death of the deceased;

and

(ii) a medical certificate in Form 2 in the First Schedule
issued by a medical practitioner.

5. (1) Upon application being made in accordance with the
provisions of by-law 4, the Director of Medical and Health Services may
grant to the applicant a permit in Form 3 in the First Schedule,
authorizing the cremation of the human remains in respect of which the
application was made at a crematorium to be specified in the permit.

(2) Notwithstanding paragraph (1), a permit shall not be granted in
any case in which





(a)a coroner has given notice that he intends to hold an inquest
on the dead body in respect of which the application was
made; or

(b) the Director of Medical and Health knows or has
reason to believe that the deceased person had left a
direction in writing to the effect that his human remains
shall not be disposed of by cremation.

(3) Any person who, knowing or having reason to believe that any
deceased person has left a direction in writing to the effect that his
human remains shall not be disposed of by cremation

(a)makes application in respect of such human remains for the
grant of a cremation permit; or

(b)having been granted a cremation permit in respect of such
remains, causes or permits the cremation thereof to take place,

shall be guilty of an offence.

6. (1) The Director of Medical and Health Services may, at any
time between the issue thereof and the cremation in respect of which it
was issued, cancel any cremation permit issued by him

(a)by serving upon the person to whom such permit was issued
a notice in writing declaring the cancellation of the permit; or

(b) if, in the opinion of the Director of Medical and Health
Services, notice cannot conveniently be served upon such
person a reasonable time before the cremation is due to
take place, by directing the officer in charge of the
crematorium specified in the permit not to carry out the
cremation whereupon such officer shall refuse to carry out
such cremation.

(2) Every cremation permit cancelled by the Director of Medical and
Health Services shall be returned to him by the person to whom it was
issued within 48 hours after the cancellation thereof or of the refusal to
carry out the cremation, as the case may be.

(3) If for any reason after the Director of Medical and Health
Services has granted a cremation permit the human remains in
respect of which it was granted are not disposed of by cremation, the
person to whom the permit was granted shall, within 7 days after the
intention to cremate such remains is abandoned, return the permit to
the Director of Medical and Health for cancellation.

(4) Any person who fails to return to the Director of Medical
and Health Services any cremation permit required to be returned in
accordance with paragraph (2) or (3) shall be guilty of an offence.





7. (1) Any person who, knowing or having reason to believe
that in respect of any human remains-
(a)no cremation permit has been granted or that such permit,
if granted, has been cancelled under by-law 6; and
(b) no cremation order has been issued,

carries out, procures or takes part in the burning of such remains
shall be guilty of an offence.

(2) Notwithstanding anything contained in this Part, the
Council may permit in writing the cremation of human remains
which have been buried for not less than 1 year and which have been
lawfully exhumed.

PART Ill

GOVERNMENT CREMATORIA

8. Every Government crematorium shall, subject to these
by-laws, be open to the public on such days and between such times
as the Council may from time to time direct by notice posted therein.

9. (1) Subject to paragraph (2), no human remains shall be
cremated in any Government crematorium unless, prior to the
cremation and in respect of such remains, there is delivered to the
officer in charge of such crematorium either-

(a) a valid cremation permit; or
(b) a valid cremation order,

and, except in the case of a cremation to be carried out on behalf of
Government, unless-
(i)not less than 4 hours notice in writing is given, on an
appropriate form to be provided by the Council, to the
officer in charge of such crematorium between the hours
of 9 a.m. and 4 p.m. stating that a cremation is required to
be carried out; and
(ii) the appropriate fee prescribed in the Second Schedule is paid.
(2) The requirements of paragraph (1) relating to the delivery to
the officer in charge of the crematorium of a valid cremation permit or
a valid cremation order, as the case may be, shall not apply in the case
of the cremation of any human remains which have been buried for
not less than 1 year and which have been lawfully exhumed.

10. Any person who, except upon the order of-

(a) a coroner;
(b) the Commissioner of Police; or
(c) the Council,

removes any human remains from any Government crematorium
after receipt therein for cremation shall be guilty of an offence.





11. (1) No human remains shall be accepted for cremation in
any Government crematorium which are enclosed in any coffin
which-

(a)contains any metal fittings other than fittings which, in
the opinion of the Council, are suitable for cremation
purposes;

(b) is fitted with cross pieces or cleats attached to the bottom;

(c)contains any sawdust, charcoal, pitch, tar, cotton wool,
metal or other article or substance whatsoever which, in
the opinion of the Council, is unsuitable for combustion in
a cremation furnace.

(2) The officer in charge of any Government crematorium may
cause any coffin or other container presented for the cremation
therein of human remains to be inspected and, in his discretion,
opened and the contents thereof examined.

12. (1) Except in the case of a cremation to be carried out on
behalf of the Government, the person requesting the cremation of
any human remains in any Government crematorium shall provide
sufficient bearers to convey such remains into the crematorium and
thereafter to move the remains as may be necessary for the proper
and orderly conduct of the cremation thereof.

(2) If any person fails to provide bearers as required by
paragraph (1), the officer in charge of the crematorium may refuse to
proceed with the cremation.

13. (1) Upon completion of the cremation of any human
remains in any Government crematorium, the officer in charge
thereof shall, upon request, cause the ashes to be delivered to the
person who applied for the cremation or, in the absence of such
request, to be disposed of in such decent manner as the Council may
determine.

(2) Notwithstanding paragraph (1), upon the request in writ-
ing of the person entitled thereto under paragraph (3), the ashes
1 --- 1. '. 1,1 - - 1 --- 1 . 1





deposited at a Government crematorium or columbarium either
permanently or for such period as may be stipulated by the Council.

(4) Without prejudice to paragraphs (1), (2) and (3), upon
application to the Council and payment of the fee prescribed in the
Second Schedule, the ashes of the human remains of any person who
was a resident of Hong Kong for a period of less than 10 years during
the period of 20 years immediately preceding his death and whose
remains were cremated outside Hong Kong may, at the discretion of the
Council, be deposited at a Government crematorium or columbarium
either permanently or for such period as may be stipulated by the
Council.

(5) Without prejudice to the provisions of paragraphs (1), (2), (3)
and (4), upon application to the Council and payment of the fee
prescribed in the Second Schedule, the ashes of the human remains of
any person may, at the discretion of the Council, be deposited at any
crematorium or columbarium the management and control of which is
vested in the Council either permanently or for such period as may be
stipulated by the Council.

14. (1) No person shall place or cause to be placed in any
Government crematorium any monument, commemorative tablet,
inscription, receptacle for flowers or other ornament, except fresh cut
flowers, or shall plant or cause to be planted therein any tree, shrub or
plant of any kind, unless

(a) the prior permission of the Council has been obtained; and

(b)the appropriate fee prescribed in the Second Schedule has
been paid.

(2) Any permission granted by the Council under paragraph (1)
may be granted subject to such conditions or restrictions as the Council
may think fit.

(3) The Council may remove or cause to be removed any
monument, commemorative tablet, inscription, receptacle for flowers,
tree, shrub or plant which has been placed in any Government
crematorium in contravention of any of the provision of this by-law; and
in any event may take all such steps as in its opinion are necessary for
the maintenance of such crematorium in a suitable and seemly
condition.

15. Any person who, in any Government crematorium-

(a) sells or lets for hire, or exposes for sale or letting for hire,
any article or thing without the consent of the Council;

(b)posts, affixes or distributes any poster, handbill, card, circular
or advertisement whatsoever;

(e)holds, promotes or takes part in any public meeting, other than
a meeting of a religious or commemorative nature in respect of
the dead;





(d)wilfully disturbs or interferes with any funeral service or
procession or any religious or commemorative meeting;

(e)discharges any firearms, except in the proper performance of a
military funeral;

wilfully or carelessly defaces, injures, soils or defiles any wall
or other part of the crematorium or any thing situated therein;

(g)climbs upon any wall or fence, being part of or enclosing any
such crematorium; or

(h)behaves in a noisy or unseemly manner or is improperly or
inadequately clad,
shall be guilty of an offence.

16. (1) Any person other than a relative or personal legal
representative of a deceased person whose human remains are being
cremated therein, who, except with the consent of the officer in charge
thereof, attends the insertion of any coffin or human remains into any
furnace of a Government crematorium, shall be guilty of an offence.

(2) Paragraph (1) shall not apply in the case of any cremation
carried out in accordance with the rites of the Hindu religion in any part
of a Government crematorium allocated by the Council for such
purpose.

17. (1) Any person who, in any Government crematorium, fails to
comply with any such reasonable order, not being inconsistent with
any of the provisions of the Ordinance or of these by-laws as may from
time to time be posted in such crematorium by or on behalf of the
Council for the purpose of ensuring or facilitating the proper
management of such crematorium or the conduct of cremations carried
out therein, shall be guilty of an offence.

(2) Any person who wilfully obstructs any member of the staff of a
Government crematorium in the carrying out of his duty therein shall be
guilty of an offence.

PART IV

GARDENS OF
REMEMBRANCE

18. Every garden of remembrance shall be open to the public on
such days and between such times as the Council shall from time to time
direct by notice posted therein.





19. The Council may-

(a)direct that any particular garden of remembrance or any
part thereof be set aside or allocated for the reception or
disposal of ashes of particular persons or of persons
belonging to any particular community, race or religion;
and

(b)direct that the ashes of any particular person or of persons
belonging to any particular community, race or religion
shall not be received into or disposed of in any particular
garden of remembrance or any particular part thereof.

20. No ashes shall be disposed of in any garden of remem-
brance otherwise than by scattering them in such parts of the garden
as may from time to time be designated by the Council for that
purpose.

21. (1) No person shall place or cause to be placed in any
garden of remembrance any monument, commemorative tablet,
inscription, receptacle for flowers or other ornament, except fresh
cut flowers, or shall plant or cause to be planted therein any tree,
shrub or plant of any kind, unless-

(a)the prior permission has been obtained from the Council;
and

(b)the appropriate fee prescribed in the Second Schedule has
been paid.

(2) Any permission granted by the Council under paragraph
(1) may be granted subject to such conditions or restrictions as the
Council may think fit.

(3) The Council may remove or cause to be removed any
monument, commemorative tablet, inscription, receptacle for
flowers, ornament, tree, shrub or plant which has been placed in any
garden of remembrance in contravention of the provisions of this
by-law; and may in any event take all such steps as may in its
opinion be necessary to ensure the maintenance of every such garden
in a suitable and seemly condition.

22. Any person who in any garden of remembrance-

(a)sells or lets for hire, or exposes for sale or letting for hire,
any article or thing without the consent of the Council;

(b)posts, affixes or distributes any poster. handbill, card,
circular or advertisement whatsoever;

(c)holds, promotes or takes part in any public meeting or
procession other than a meeting or procession of a reli-
gious or commemorative nature in respect of the dead;

(d)wilfully disturbs or interferes with any religious or com-
memorative service, meeting or procession;





(e)discharges any firearm, except in the proper performance of a
military service in respect of the dead or discharges any fire
crackers except with the consent of the Council;

(f) wilfully or carelessly defaces, injures, soils or defiles any wall
or fence in or enclosing any garden of remembrance or any
part thereof or any monument, seat, tablet, ornament, tree,
shrub, or plant whatsoever situated therein;

(g)climbs upon any wall or fence being part of or enclosing any
garden of remembrance; or

(h)behaves in a noisy or unseemly manner or is improperly or
inadequately clad,
shall be guilty of an offence.

23. (1) Any person who, in any garden of remembrance, fails to
comply with any such reasonable order, not being inconsistent with any
of the provisions of the Ordinance or of these by-laws as may be posted
from time to time in such garden by or on behalf of the Council for the
purpose of ensuring or facilitating the proper management of such
garden or the preservation of the amenities afforded therein to persons
visiting the garden, shall be guilty of an offence.

(2) Any person who wilfully obstructs any member of the staff of
any garden of remembrance in the carrying out of his duty therein shall
be guilty of an offence.

24. Where at any garden of remembrance the Council arranges for
the maintenance of a book to be known as a Book of Remembrance, for
recording commemorative inscriptions, a suitable inscription may be
inserted therein by any person upon application to the Council and
payment of such fees as may from time to time be determined by the
Council and published in the Gazette.

PART V

MISCELLANEOUS

25. (1) Any person guilty of an offence under by-law 5(3),
7(1), 15 or 22 shall be liable to a fine of $1,000 or to imprisonment
for 6 months.

(2) Any person guilty of an offence under by-law 6(4), 10, 16(1), 17
or 23 shall be liable to a fine of $500, and in the case of a continuing
ofrence to a further fine of $25 for each day during which it is proved to
the satisfaction of the court that the offence has continued.





FIRST SCHEDULE
FORM 1 [by-law 4.]

PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE
(Chapter 132)
APPLICATION TO CREMATE

............ executor
............nearest surviving relative in Hong Kong
............attorney or agent of the executor or
............nearest surviving relative in Hong Kong
............person having in his possession a direction
. ..........being the*in writing purported to be signed by the
............ deceased
............person being eligible for grant of letters of
............ administration or probate
............person selected by the Director of Medical
............and 1 Health Services in respect

of
................................................................................................................................

*who died

*which was still-born
.............................................................................................

on the ..day of ....19
....................*human remains of the said person

hereby apply for permission to cremate the *said still-born child

*a Government crematorium

*the Crematorium

I append hereto the certificates required by by-law 4 of the Cremation and

Gardens of Remembrance (Urban Council) By-laws.

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

Signature
.................................................. Address
....................................................
Warning:A person who makes this application knowing or having reason to
believe that the deceased person has left a direction in writing to the
effect that that human remains shall not be disposed of by cremation
commits an offence.

Delete as appropriate.
+ Name of the private crematorium.





FORM 2 [by-taw 4.]

PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE

(Chapter 132)

MEDICAL CERTIFICATE (CREMATION)

Name of Deceased
......................................................................................................

Date of Death
.............................................................................................................

Place of Death ............--- ---

1 .........................hereby certify-

(a) that I have carefully examined the body of the above-named deceased
person;

(b) that 1 am satisfied that the death of the above-named deceased person was
not due to poison, violence or any illegal operation or to privation or neglect;

(c) that the above-named deceased person *has/*has not been fitted with a
cardiac pacemaker, and that it *has/*has not been removed; and

(d) that the above-named deceased person *has/*has not been fitted with
radioactive or other implant, and that it *has/ *has not been removed.

is not removed.

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

Signature
..................................................

Qualification ------
Address ............................


...............

* Delete as appropriate.





FORM 3 by-law 5.]
PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE
(Chapter 132)
CREMATION PERMIT

I hereby authorize the cremation of the remains of .......................................

*male/*female aged .........../still-born child,
*who died of
*which was still-born at .....------

on the ... day of ......19

The cremation is to be carried out in *a Government crematorium.

*the Crematorium.+

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

........... 1 ..1

Director of Medical and Health
Services

* Delete as appropriate.
+ Name of the private crematorium.





SECOND SCHEDULE[by-laws 9,13,14 & 21.1
SCALE OF FEES

Item Matter in respect of which fee payable Fee
1. For the cremation of an adult or a child of 12 years of age or

above ......................S 250.00
2. For the cremation of a child below the age of 12 years $ 125.00

3. For the cremation of the skeletal remain of an adult or child $ 90.00

4. For the temporary storage of ashes-
(a) for the first 2 months . Free of charge
(b) for each month or part of a month thereafter $ 50.00

5.For the permanent placing of ashes in a columbarium-
(a) for each standard niche capable of holding 2 cinerary urns $1,300.00
(b) for each family niche capable of holding 4 cinerary urns

6. For the placing of each memorial etc. or the planting of each

plant, shrub or tree ........$ 50.00

THIRD SCHEDULE [by-law 4.]
REPOSITORIES FOR HUMAN REMAINS

Tung Wah Hospital Repository at Sandy Bay.
The Government Repository at Oil Street, North Point.
The Government Repository at On Fat Road, Hung Hom.
L.N. 114/74. L.N. 96/77. L.N. 289/77. L.N. 307/78. L.N. 38/80. L.N. 48/83. L.N. 49/83. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. (Cap. 174.) (Cap. 161.) Application for cremation permit. First Schedule, Form 1. (Cap. 174) Third Schedule. (Cap. 174.) First Schedule, Form 2. Grant of cremation permit. First Schedule, Form 3. Cancellation of cremation permit. The burning of human remains prohibited except by permit or order. Hours of opening. Restriction on cremation of human remains. Second Schedule. Restriction on removal of uncremated human remains. Restriction on coffins. Provision of bearers. Disposal of ashes after cremation. L.N. 307/78. Second Schedule. Second Schedule. L.N. 96/77. Control of memorials, inscriptions, etc. Second Schedule. Conduct and behaviour. Restriction on attending cremations. Obstruction. Hours of opening. Allocation and layout. Disposal of ashes. Memorials, etc. Second Schedule. Conduct and behaviour. Obstruction. Books of Remembrance. Penalties. L.N. 49/83. 10 of 1986, s. 32(2). L.N. 48/83.

L.N. 114/74. L.N. 96/77. L.N. 289/77. L.N. 307/78. L.N. 38/80. L.N. 48/83. L.N. 49/83. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. (Cap. 174.) (Cap. 161.) Application for cremation permit. First Schedule, Form 1. (Cap. 174) Third Schedule. (Cap. 174.) First Schedule, Form 2. Grant of cremation permit. First Schedule, Form 3. Cancellation of cremation permit. The burning of human remains prohibited except by permit or order. Hours of opening. Restriction on cremation of human remains. Second Schedule. Restriction on removal of uncremated human remains. Restriction on coffins. Provision of bearers. Disposal of ashes after cremation. L.N. 307/78. Second Schedule. Second Schedule. L.N. 96/77. Control of memorials, inscriptions, etc. Second Schedule. Conduct and behaviour. Restriction on attending cremations. Obstruction. Hours of opening. Allocation and layout. Disposal of ashes. Memorials, etc. Second Schedule. Conduct and behaviour. Obstruction. Books of Remembrance. Penalties. L.N. 49/83. 10 of 1986, s. 32(2). L.N. 48/83.

https://oelawhk.lib.hku.hk/items/show/2574

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