PUBLIC CEMETERIES (URBAN COUNCIL) BY-LAWS

PUBLIC CEMETERIES (URBAN COUNCIL) BY-LAWS

PUBLIC CEMETERIES (URBAN COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law Page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ...---. ... ... ... BK 2
2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... BK 2
3. Allocations and lay-out of public cemeteries ... ... ... ... ... ... ... ... BK 2
4. Register of graves ... ... ... ... ... ... ... ... ... ... ... ... ... ... BK 2
5. Certain permits or certificates to be produced at time of interment ... ... ... BK 3
6. Times of burials ... ... ... ... ... ... .. ... ... ... ... ... ... ... BK 3
7. Grave digging and construction of vaults, etc . ... ... ... ... ... ... ... ... BK 3
7A. Size of grave covering and restriction on interments ... ... ... ... ... ... ... BK 4
8. Monuments and headstones, etc. ... ... ... ... ... ... ... ... ... ... BK4
8A. Removal of grave coverings, monuments, headstones and tablets ... ... ... ... BK 5
9. Government not to be liable for loss or damage to commemorative articles ... ... BK 6
10. [Revoked] ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BK 6
11. Conduct and behaviour... ... ... ... ... ... ... ... ... .. . ... ... BK 6

12. Fees ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BK 7
13. Offences and penalties ... ... ... ... ... ... ... ... ... ... ... ... ... BK 7

14. Name in which proceedings for offences may be brought ... ... ... ... ... BK 7

First Schedule. Register of graves ... ... ... ... ... ... ... ... ... ... ... BK 8
Second Schedule. Scale of Fees ... ... ... ... ... ... ... ... ... ... ... ... BK 8





PUBLIC CEMETERIES (URBAN COUNCIL) BY-LAWS

(Cap. 132, section 116)

[23 December 1960.1

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

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

'body' means the dead body of a human being, but does not include
ashes thereof after cremation;

'Council' means the Urban Council;

'Director' means the Director of Urban Services;

'public cemetery' means any cemetery specified in Part 1 of the Fifth
Schedule to the Ordinance.

3. The Director may-

(a)direct that any particular public cemetery or any part of a
public cemetery be set aside or allocated for the reception
of human remains of particular persons or of persons
belonging to any particular community, race or religion;
and

(b)direct that the disposal of the human remains of any
particular person, or the human remains of persons be-
longing to any particular community, race or religion, shall
not take place in any particular public cemetery or any
particular part of any public cemetery and that disposal
thereof shall be effected in any other public cemetery or
any other part of a public cemetery.

4. (1) At every public cemetery, in the custody of the officer
in charge thereof, there shall be kept a register in the form prescribed
in the First Schedule containing particulars of the persons whose
human remains are deposited in the cemetery.

(2) Every register required to be kept by the provisions of
paragraph (1) shall be kept in duplicate, and, at the end of each
month, the duplicate copy of the entries made therein during the
preceding month shall be sent to the Director for custody.

(3)(a) The register kept at any public cemetery may be
inspected at the cemetery by the public at all times during
which such cemetery is open to the public, and the dupli-
cate copies kept in the custody of the Director may be
inspected during office hours on application to him.





(b)Any person requiring a certified copy of any entry in any
such register may obtain the same from the Director upon
payment of a fee of $10 per entry.

5. A person in charge of the disposal in a public cemetery of
the human remains of any person shall, in relation to such remains,
produce to the officer in charge of the cemetery at the time when the
interment takes place-

(a)in the case of a first interment of the body of any 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 Coro-
ner'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.

6. (1) The Director may prescribe, by notice posted in such
manner as he may think fit at any public cemetery or other place, the
times during which human remains may be received into the
cemetery.

(2) In the case of the interment of the human remains of any
person in the Hong Kong Cemetery, the person in charge of the
disposal of such remains shall give to the officer in charge of the
cemetery not less than 2 hours' notice of the time at which it is
intended that the interment shall take place.

7. (1) No person, other than an officer of the Urban Services
Department, shall, in any public cemetery, dig or fill in any grave
without the consent of the officer in charge of the cemetery, and,
where such consent is given, the work shall be carried out in
accordance with the directions, and subject to the supervision of
such officer in charge of the cemetery.

(2) Save with the consent in writing of the Director and in
accordance with any conditions or restrictions which he may impose
on the grant thereof, no person shall, in any public cemetery,
construct any vault, burial niche or other place of interment, not
being a grave.





7A. (1) No person shall, over a grave opening in a public
cemetery, construct any covering the length or width of which
exceeds the following dimensions-

(a)in the case of a grave for the interment of skeletal human
remains resulting from exhumation (except where sub-
paragraph (b) applies) or of ashes after cremation, a length
and width of 900 mm each;

(b)in the case of a grave in which human remains are
re-interred after exhumation under section 18 of the
Coroners Ordinance, the dimensions of that grave before
the exhumation;

(c)in the case of any other grave, a length of 2 400 mm and a
width of 900 mm.

(2) No person shall be entitled to have allocated more than
one grave space for one set of human remains, and, save with the
consent in writing of the Director, not more than one set of human
remains shall be interred in one grave space.

(3) For the purposes of paragraph (2), the size of a grave space
shall be such as is permitted by the Director in pursuance of his
policy for the time being for the cemetery in question.

8. (1) Save with the consent in writing of the Director and in
accordance with any conditions or restrictions which he may impose
on the grant thereof, no person shall, in any public cemetery, erect a
monument, other than a headstone or tablet, upon any grave, or
make any railing, fence or enclosure round or enclosing any grave
space, or plant thereat any tree or shrub.

(IA) No person shall, in any public cemetery, erect any
monument, headstone or tablet which exceeds the following dimen-
sions, and the Director shall not under paragraph (1) give his
consent to any such monument-

(a)in the case of a monument erected over a grave referred to
in by-law 7A(I)(a), a length and width of 900 mm each and
a height of 1 500 mm;

(b)in the case of a monument erected over a grave referred to
in by-law 7A(I)(b), a length and width of 900 mm each and
a height of 1500 mm or the dimensions of the monument
lawfully erected over the grave before the exhumation
(whichever is the greater);

(c)in the case of a monument erected over any other grave, a
length of 1 800 mm, a width of 900 mm and a height of
1 800 mm;

(d)in the case of a headstone or tablet, a width of 900 mm, a
thickness of 150 mm and a height of 1500 mm.





(IB) For the purposes of paragraph (IA), the measurement of
the height of a monument, headstone or tablet shall be taken from
the highest point of the surrounding ground and shall include
the highest point of the monument, headstone or tablet, and the
measurement of the length and width shall include any lateral
projection from the monument, headstone or tablet.

(2) Where the Director gives his consent to the planting in any
public cemetery of any tree or shrub, such consent shall be deemed
to have been given subject to the condition that the tree or shrub
may be clipped or pruned at the discretion of the Director.

(3) Every grave shall be numbered in a permanent form with a
number corresponding to the number entered in the register required
to be kept by the provisions of by-law 4, and every monument,
headstone or tablet, and every railing or enclosure marking or
enclosing any grave, shall be firmly seated in the ground.

(4) No monument, headstone or tablet shall be so constructed
or shaped as to permit of the collection of water in or about it.

(5) No monument, headstone or tablet shall be removed or
altered, nor shall anything be added thereto, without the consent in
writing of the Director.

(6) Any monument, headstone or tablet, and any railing or
enclosure marking or enclosing any grave, which, by reason of
neglect or for any other reason, becomes dilapidated or in need of
repair may, at the discretion of the Director, be removed and
disposed of in such manner as he may think fit.

(7) For the purposes of this by-law, a headstone or tablet
containing any words, carvings or portraits other than-

(a) the name of the deceased;

(b) his place of birth;

(e) the dates of his birth and death;

(d) a portrait of the deceased; and

(e) the name of the family erecting the headstone or tablet,

shall be deemed to be a monument.

8A. (1) The Director may, subject to paragraphs (2), (3) and
(4), remove and dispose of-

(a)any grave covering which has after the commencement* of
the Public Cemeteries (Amendment) By-laws 1979 been
construced over any grave opening in a public cemetery in
contravention of by-law 7A(I);

(b)any monument, headstone or tablet which has, after the
commencement of the said by-laws, been erected upon any
grave in a public cemetery or altered or added to in
contravention of by-law 8(1), (IA), (3), (4) or (5).





(2) The power in paragraph (1) shall not be exercised by the
Director unless he has by notice in writing required the addressee of
the notice either to modify the grave covering, monument, head-
stone or tablet so that it conforms with these by-laws, or to remove
and dispose of the same, and the modification or removal has not
been carried out within such reasonable time as may be allowed
therefor in the notice.

(3) The addressee of a notice under paragraph (2) shall be the
next of kin named in the entry in the register, kept under by-law 4,
relating to any deceased person whose remains have been interred in
the grave upon which the grave covering, monument, headstone or
tablet has been constructed, erected or altered, and the said notice
shall be sent by post to the addressee at the address shown in the
register.

(4) The notice shall also be posted in some conspicuous place
on the grave covering, monument, headstone or tablet.

(5) Any person modifying, removing or disposing of a grave
covering, monument, headstone or tablet pursuant to a notice under
paragraph (2) shall carry out the work in accordance with the
directions, and subject to the supervision, of an officer of the Urban
Services Department.

(6) If no next of kin is named in the register referred to in
paragraph (3), the Director may exercise the power in paragraph (1)
without giving notice under paragraph (2).

9. Every monument, headstone, tablet, railing, fence,
enclosure, tree or shrub and every other commemorative article
whatsoever, whether movable or immovable, which is placed at any
grave shall be there at the risk of the owner thereof, and the
Government shall not be liable for any loss or damage thereto
arising from any cause whatsoever.

10. [Revoked, L.N. 2921771

11. No person shall, in any public cemetery-

(a)sell or let for hire, or expose for sale or letting for hire, any
article or thing without the consent of the Director;

(b)post, affix or distribute any handbill, card, circular or
advertisement of any kind whatsoever;

(e)hold, promote or take part in any public meeting, other
than a meeting of a religious or commemorative nature
relating to the death of any person whose human remains
have been buried or otherwise disposed of in the cemetery;

(d)wilfully disturb or interfere with any funeral service or
procession or any religious or commemorative meetings;

(e)discharge any firearm, except in the proper performance of
a military funeral;





(f)wilfully or carelessly deface, injure, soil or defile any wall
or fence in or enclosing the cemetery, or any part thereof,
or any grave, vault, urn, burial niche, barrier, railing, post,
scat, boundary stone, monument, headstone, tablet, orna-
ment, tree, shrub or ornamental plant;

(g)climb any wall or fence in or enclosing the cemetery, or any
part thereof, or any tree, barrier, railing, pole, monument,
headstone, tablet or ornament; or

(h) behave in a noisy or unseemly manner.

12. (1) Subject to the provisions of paragraphs (2) and (3),
the fees prescribed in the Second Schedule shall be payable to the
Council.

(2) No fee shall be payable in respect of the interment of a
pauper.

(3) Without prejudice to the provisions of paragraph (2), the
Director may, where he thinks fit, waive payment of the fees
prescribed in the Second Schedule as the fees to be paid in respect of
a grave space or may reduce such fees to such amount as he
considers reasonable in the circumstances.

13. (1) Any person who contravenes any of the provisions of
by-law 11 shall be guilty of an offence and shall be liable on
summary conviction to a fine of $100.

(2) Any person who-

(a)fails to comply with any direction given by the Director
under the provisions of by-law 3(b);

(b)for the purpose of obtaining the permission of the Council
for the interment in a public 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;

(c)contravenes any of the provisions of by-law 7(1) or (2),
7A(I) or (2), 8(1), (IA) or (5) or 8A(5); or

(d)fails to comply with any conditions or restrictions imposed
by the Director under the provisions of by-law 7(2) or 8(1),

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.





Section of Cemetery

Grave No.

Name and surname of person buried
(BLOCK LETTERS)
Trade, profession or occupation (of
the parents in the case of a child)

Age of person buried

Sex of person buried
Date of death
Death registration number or burial
order number
Date of registration or date of order
to bury
Permanent address of deceased (abode)

Address at which death occurred
Date of interment
Name and address of undertaker
Name and address of next of kin of
deceased
By whom the ceremony was performed
Date
For removal to

File reference

Remarks

G.N.A. 154/60. L.N. 206/72. 21 of 1973. L.N. 292/77. L.N. 79/79. L.N. 40/80. L.N. 50/83. 10 of 1986. Citation. 10 of 1986, s. 32(2). Interpretation. Allocations and lay-out of public cemeteries. Register of graves. First Schedule. L.N. 292/77. Certain permits or certificates to be produced at time of interment. 10 of 1986, s. 32(2). (Cap. 174.) Times of burials. L.N. 292/77. Grave digging and construction of vaults, etc. Size of grave covering and restriction on interments. L.N. 79/79. (Cap. 14.) Monuments and headstones, etc. L.N. 79/79. L.N. 79/79. L.N. 206/72. Removal of grave coverings, monuments, headstones and tablets. L.N. 79/79. (L.N. 79/79.) [*23.3.79.] Government not to be liable for loss or damage to commemorative articles. Conduct and behaviour. Fees. Second Schedule. 21 of 1973, s. 20. L.N. 206/72. L.N. 292/77. Offences and penalties. L.N. 206/72. Name in which proceedings for offences may be brought. L.N. 206/72. L.N. 50/83.

G.N.A. 154/60. L.N. 206/72. 21 of 1973. L.N. 292/77. L.N. 79/79. L.N. 40/80. L.N. 50/83. 10 of 1986. Citation. 10 of 1986, s. 32(2). Interpretation. Allocations and lay-out of public cemeteries. Register of graves. First Schedule. L.N. 292/77. Certain permits or certificates to be produced at time of interment. 10 of 1986, s. 32(2). (Cap. 174.) Times of burials. L.N. 292/77. Grave digging and construction of vaults, etc. Size of grave covering and restriction on interments. L.N. 79/79. (Cap. 14.) Monuments and headstones, etc. L.N. 79/79. L.N. 79/79. L.N. 206/72. Removal of grave coverings, monuments, headstones and tablets. L.N. 79/79. (L.N. 79/79.) [*23.3.79.] Government not to be liable for loss or damage to commemorative articles. Conduct and behaviour. Fees. Second Schedule. 21 of 1973, s. 20. L.N. 206/72. L.N. 292/77. Offences and penalties. L.N. 206/72. Name in which proceedings for offences may be brought. L.N. 206/72. L.N. 50/83.

https://oelawhk.lib.hku.hk/items/show/2624

1964

v10

132

8