PRIVATE CEMETERIES (URBAN COUNCIL) BY-LAWS

PRIVATE CEMETERIES (URBAN COUNCIL) BY-LAWS

PRIVATE CEMETERIES (URBAN COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law Page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BH 2
2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... BH 2
3. Management ... ... ... ... ... ... ... ... ... ... ... ... ... ...--- BH 2
4. Building work subject to consent of Council ... ... ... ... ... ... ... ... BH 2
5. Register of burials ... ... ... ... ... ... ... ... ... ... ... ... ... BH 3
6. Allocation and size of grave spaces ... ... ... ... ... ... ... ... ... ... BH 3
7. Certain permits or certificates to be produced at time of interment ... ... ... BH 4
8. Numbering of graves, etc . ... ... ... ... ... ... ... ... ... ... ... ... BH 4
9. Manner of burial ... ... ... ... ... ... ... ... ... ... ... ... ... ... BH 4
10. Re-opening of graves ... ... ... ... ... ... ... ... ... ... ... ... ... BH 5
11. Burial in vaults ... ... ... ... ... ... ... ... ... ... ... ... ... ... BH 5
12. Scattering of ashes after cremation ... ... ... ... ... ... ... ... ... ... BH 5
13. Offences and penalties ... ... ... ... ... ... ... ... ... ... ... ... BH 5
14. Name in which proceedings for ofrences may be brought ... ... ... ... BH 6
15. Fees ... ... ... ... ... ... ... ... ... ... ... ... ... ... BH 6

Schedule. Particulars to be recorded in register ... ... ... ... ... ... ... ... ... BH 7





PRIVATE CEMETERIES (URBAN COUNCIL) BY-LAWS

(Cap. 132, section 116)

[23 December 1960.1

1. These by-laws may be cited as the Private Cemeteries
(Urban Council) By-laws.

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

'building works' includes any kind of building construction, site
formation, repairs, demolition, alteration, addition and every
kind of building operation, and includes drainage works;

'Council' means the Urban Council;

'Director' means the Director of Urban Services;

'private cemetery' means any cemetery specified in Part 11 of the
Fifth Schedule to the Ordinance.

3. (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 Council 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 Council 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

(e)submit to the Council rules providing for the management
and control of the cemetery.

(4) The Council may approve the rules with or without
modifications.

4. (1) No building works shall be carried out in a private
cemetery without the consent in writing of the Council.

(2) The Council may require the manager of a private cemetery
to carry out any work therein which it considers necessary for rea-
sons of public safety or health within such time as the Council
considers reasonable.

Note..These by-laws are 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 these by-laws were made-see Ordinance 48 of 1969, s. 16.





(3) Nothing in this by-law shall affect the provisions of the
Buildings Ordinance.

5. (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 paragraph (2) shall be open to inspection by any
member of the public on application to the Director.

(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 Council a return showing the number of grave spaces, vaults
and niches available for allocation.

6. (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 paragraph (7), no interment shall take
place in an allocated grave space other than the interment for which
the grave space was allocated under paragraph (1).

(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 2 400 mm.

(5) A grave for the reburial of human remains after exhuma-
tion 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.

(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 by-law 9(1), several interments
may be allowed in one grave on application by the person to whom a
grave space has been allocated.

(8) Paragraphs (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.

7. 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-
(i) a permit of a police officer issued under the provi-
sions of the proviso to section 16(1) of the Births and
Deaths Registration Ordinance;
(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; 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; or
(b)in any other case, the permission in writing of the Council
authorizing the interment.

8. 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 accord-
ance with the provisions of by-law 5(1).

9. (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;
(b)cause any human remains to be buried in a grave unless the
coffin, or the body if the same is not encoffined, is effec-
tually separated from any other coffin or body which is
already in the grave by means of a layer of earth not less
than 150 rmn in thickness; or

(c) cause any grave to be dug in such a manner as to leave-
(i) less than 300 mm; or
(ii) except in the case of a grave in a grave space
reserved or set aside before 1 January 1973, more than
450 mm,
interspace between any part of such grave and any other
grave.





(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.

10. 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.

11. (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 per-
manently 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.

(3) The provisions of paragraph (2) shall not apply to any
skeletal remains or ashes after cremation which are enclosed in
an urn.

12. Nothing in these by-laws shall be taken or construed to
prevent the scattering of ashes after cremation upon the surface of
the ground in any private cemetery.

13. (1) Any person who-

(a)for the purpose of obtaining the permission of the Council
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 by-law 3(1), (2) or (3),
by-law 4(1) or (2), by-law 5(1), (2) or (4), by-law 6(1) to
(6), by-law 9 or 10, by-law 11 (1) or (2) or by-law 15(1),
(3) or (4), C

shall be guilty of an offence and shall b:e liable on summary
conviction to a fine of $1,000 and, where the offence is a continuing
offence, shall be liable in addition to a fine of for each day during
which it is proved to the satisfaction of the court that the offence has
continued.





(2) In the event of any contravention of the provisions of
by-law 8, the manager of the cemetery shall be guilty of an offence
and shall be liable on summary conviction to a fine of $1,000

14. Without prejudice to the provisions of any other enact-
ment relating to the prosecution of criminal offences and without
prejudice to the powers of the Attorney General in relation to the
prosecution of such offences, prosecutions for an offence under any
of the provisions of these by-laws may be brought in the name of the
Council.

15. (1) The manager of a private cemetery shall submit to the
Council 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 exhuma-
tion or ashes after cremation in a grave, vault, niche,
ossuary or columbarium.

(2) The Council 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 Council
under paragraph (2).

(4) Subject to paragraph (5), no fee, donation or other pay-
ment 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

(e) 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 by-law 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.

(5) Paragraph (4) shall not apply to a fee included in the table
of fees approved by the Council under paragraph (2) or to the salary
or wages paid to the manager or an employee of the private
cemetery.





SCHEDULE [by-law 5(1).]

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;
(e) file reference.
16. Remarks.
G.N.A. 155/60. L.N. 204/72. L.N. 80/76. L.N. 89/79. 10 of 1986. Citation. 10 of 1986, s. 32(2). Interpretation. L.N. 204/72. Management. L.N. 80/76. Building work subject to consent of Council. L.N. 204/72. (Cap. 123.) Register of burials. Schedule. L.N. 204/72. Allocation and size of grave spaces. L.N. 204/72. L.N. 80/76. L.N. 89/79. L.N. 80/76. Certain permits or certificates to be produced at time of interment. L.N. 204/72. 10 of 1986, s. 32(2). (Cap. 174.) Numbering of graves, etc. L.N. 80/76. Manner of burial. L.N. 89/79. L.N. 80/76. Re-opening of graves. Burial in vaults. L.N. 89/79. Scattering of ashes after cremation. Offences and penalties. L.N. 204/72. L.N. 80/76. L.N. 80/76. Name in which proceedings for offences may be brought. Fees. L.N. 204/72. L.N. 80/76. L.N. 204/72.

G.N.A. 155/60. L.N. 204/72. L.N. 80/76. L.N. 89/79. 10 of 1986. Citation. 10 of 1986, s. 32(2). Interpretation. L.N. 204/72. Management. L.N. 80/76. Building work subject to consent of Council. L.N. 204/72. (Cap. 123.) Register of burials. Schedule. L.N. 204/72. Allocation and size of grave spaces. L.N. 204/72. L.N. 80/76. L.N. 89/79. L.N. 80/76. Certain permits or certificates to be produced at time of interment. L.N. 204/72. 10 of 1986, s. 32(2). (Cap. 174.) Numbering of graves, etc. L.N. 80/76. Manner of burial. L.N. 89/79. L.N. 80/76. Re-opening of graves. Burial in vaults. L.N. 89/79. Scattering of ashes after cremation. Offences and penalties. L.N. 204/72. L.N. 80/76. L.N. 80/76. Name in which proceedings for offences may be brought. Fees. L.N. 204/72. L.N. 80/76. L.N. 204/72.

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