CHINESE PERMANENT CEMETERIES RULES

CHINESE PERMANENT CEMETERIES RULES

CHINESE PERMANENT CEMETERIES RULES

ARRANGEMENT OF RULES

Rule........................................ Page

1. Citation ................................... ... ... ... ... ... ... A2
2. Application ................................ ... ... ... ... ... ... ... A2
3. Interpretation............... 1 ........... ... ... ... ... ... ... ... ... A 2
4. Eligibility ................................ ... ... ... ... ... ... ... A 3

5. Consent of Board for burials. deposits and removals ... ... ... ... ... ... A 3
6. Reversion of grave spaces allocated ... ... ... ... ... ... ... ... ... ... A 3
6A. Late burials ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 3
7. Allocation use and dimension of grave spaces ... ... ... ... ... ...
... A 4
8. Certain permits and certificates to be produced at time of interment ... ...
... A 4
9. Permission for exhumation ... ... ... ... ... ... ... ... ... ... ... A 4
10. Definition of subscribers privileges ... ... ... ... ... ... ... ... ... ... A 4
11. Voluntary surrender of subscriber lots ... ... ... ... ... ... ... ... ... A 5
12. Reversion of subscriber lots ... ... ... ... ... ... ... ... ... ... ... A 5
13. Allocation of exhumable lots ... ... ... ... ... ... ... ... ... ... ... A 6
14. Disinterment and removal of human remains on expiry of term ... ... ... ... A 6
15. Reversion of exhumable lot ... ... ... ... ... ... ... ... ... ... ... A 6
16. Several interments in one grave space ... ... ... ... ... ... ... ... ... A 7
17. Burial in urn of skeletal or cremated remains ... ... ... ... ... ... ...
... A 7
18. Reversion of vacant ordinary or subscriber lot after exhumation ... ... ... A 7
19. Reversion of vacant urn lot after removal ... ... ... ... ... ... ... - A 7
20. Allocation of niches ... ... ... ... ... ... ... ... ... ... ... ... ... A 7
21. Reversion of a vacant niche ... ... ... ... ... ... ... ... ... ... ... A 8
2 IA. Power of Board to designate niche to be family niche ... ... ... ... ... ... A 8
21 B. Reversion of family niches allocated ... ... ... ... ... ... ... ...
... A 8
22. Digging, paving, monuments and headstones etc . ... ... ... ... ... ... ... A 9
23. No warranty against landslips, collapse or damage to retaining walls ... ... ... A 9
23A. Power of Board to repair graves and recover expenses ... ... ... ... ... ... A 9
24. Ejection for disorderly conduct ... ... ... ... ... ... ... ... ...
... A 9
25. Persons causing damage ... ... ... ... ... ... ... ... ... ... ... A 9
25A. Duty to give notice of change of address ... ... ... ... ... ... ... ... ... A 9
26. Tenancies and contracts ... ... ... ... ... ... ... ... ... ... ... A 10
27. Fees ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 10

First Schedule. Cemeteries ... ... ... ... ... ... ... ... ... ... ... ... ... A 10
Second Schedule. Rule III ... ... ... ... ... ... ... ... ... ... ... ... A 10

Third Schedule..Fees........................... ... ... ... ... ... ... ... ... A 10





CHINESE PERMANENT CEMETERIES RULES

(Cap. 1112, section 8)

[12 December 1975.]

1. These rules may be cited as the Chinese Permanent Cemeteries Rules.

2. These rules shall apply to the cemeteries specified in the
First Schedule and the rules published in the Government Gazette
as-
(a) G.N. 60 of 25 January 1933;
(b) G. N. 698 of 13 September 1935;
(c) L. N. 137 of 21 June 1974,

and any other rules which may have been made by the Board are hereby
revoked except Rule III of the said rules in G.N. 60 of 25 January 1933 and
adopted by G.N. 698 of 13 September 1935 as set out in the Second Schedule.

3. In these rules, unless the context otherwise requires

'Board' means the Board of Management of Chinese Permanent Cemeteries
established by virtue of the provisions of section 3 of the Chinese
Permanent Cemeteries Ordinance;

cemetery' means any cemetery, burial ground, ossuary or columbarium for the
time being under the management and control of the Board, as specified in
the First Schedule;

'close relative' for the purposes of rules 16, 17 and 21A means the spouse,
parent, brother, sister or direct descendant (including their wives):

Provided that a married woman shall be deemed to be the same
person as her husband and her close relatives for this purpose shall be
those of her husband;

exhumable lot' means a grave space allocated for burial of human remains by
the Board subject to the disinterment and removal of any human remains
buried therein as provided in rule 13;

'family niche' means a niche in a columbarium designated by the Board as such
under rule 21A;

'General Chinese Charities Fund' means the General Chinese Charities Fund
established by the Chinese Temples Ordinance;

'human remains' means the dead body of a human being in any stage of
decomposition, including parts thereof or skeletal remains, but does not
include cremated human ashes;

ordinary lot' means a grave space other than a subscriber lot allocated for a
burial not subject to exhumation;





'ordinary niche' means a niche in a columbarium other than a family niche;

'permanently resident in Hong Kong' in relation to any person means
continuous residence in Hong Kong for a total period of not less than 7
years or the right to land in Hong Kong and to remain free of conditions of
stay for the purposes of the Immigration Ordinance;

'permittee', means a person to whom the Board has allocated a grave space, urn
space, or niche and includes a subscriber, the successor in title to the
original permittee and the legal heir of the person whose remains are buried
in a space:

Provided where more than one person qualifies in respect of any
space the permittee shall be the legal heir of the person first buried in such
space;

'relative' means the spouse (including concubine), direct descendant (including
his spouse), parent, parent-in-law, or sibling (including his spouse or
direct descendant or the spouse of such direct descendant);

'subscriber' means a person referred to in Rule III of the rules published in
the Gazette as G.N. 60 of 25 January 1933 and adopted by G.N. 698 of
13 September 1935, and includes his successor in title;

'subscriber lot' means a grave space allocated and reserved to a subscriber prior
to 23 December 1960 in respect of such space in Aberdeen Chinese
Permanent Cemetery and prior to 11 November 1960 in respect of such
space in Tsuen Wan Chinese Permanent Cemetery.

4. No person except a person of Chinese race permanently resident in
Hong Kong and his wife and children may be buried or deposited in a cemetery,
and the Board's decision on whether or not an applicant is qualified shall be
final.

5. Without the consent in writing of the Board no person shall bury or
deposit in, or exhume or remove from, any cemetery any human remains or
human ashes whether encoffined, in urn or otherwise.

6. Save for subscriber lots and ordinary lots reserved and allocated prior to
23 December 1960 in respect of Aberdeen Chinese Permanent Cemetery and
prior to 11 November 1960 in respect of Tsuen Wan Chinese Permanent
Cemetery, any grave space allocated for interment of encoffined human remains
not used within 1 month of the date of allocation shall revert to the Board and
the fee paid for the grave space, less any cancellation fee, shall be refunded.

6A. The Board may permit a late burial in an ordinary lot and may in its
discretion charge a late burial fee.





7. (1) Not more than one grave space shall be allocated for the burial of
one set of human remains.

(2) A grave space shall not exceed an area of 1 200 mm by 2 400 mm and
there shall not be provision for interspace between adjacent grave spaces:

Provided that in the digging for any burial no soil within 150 mm of any
adjacent space shall be disturbed.

(3) There shall be not less than 900 mm depth between any part of a
coffin buried in a grave space and the level of the ground adjoining the grave.

(4) Urns containing skeletal remains or ashes shall be buried to a depth of
not less than 450 mm from the level of the ground adjoining the grave.

8. In the case of a first interment of encoffined human remains of a person
dying in Hong Kong the permittee shall first produce to the Board

(i)a permit of a police officer issued under the provisions 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.

In any other case the permission in writing of the Urban Council or of the
Director of Urban Services.

9. No person shall cause any exhumation without first pro-

ducing to the 1 he Board the permission in writing of the Urban Council
or of the Director of Urban Services.

10. (1) Only a relative ofthe subscriber maybe nominated for burial in a
subscriber lot:

Provided that all persons buried in subscriber lots on the day these rules
come into effect shall be deemed to be right-fully buried and such graves shall
not be disturbed save in accordance with these rules.

(2) Subscriber lots shall not be assigned or transferred whether for
valuable consideration or otherwise except on the death of the subscriber by
transmission at law to his personal representative upon the registration of his
Probate or Letters of Administration with the Board.

(3) The Board shall have full 11 and absolute power to deal with and to
regularise any matter concerning subscriber lots under this rule and may in its
discretion charge a rectification fee:





Provided that any rectification fee received, less deductions of the
equivalent of the administrative fee, shall be paid over to the General
Chinese Charities Fund.

11. (1) Subscriber lots may be voluntarily surrendered.

(2) Where subscriber lots are voluntarily surrendered, the Board
shall reallocate the grave spaces available as ordinary lots and the fees
arising, less deductions of the equivalent of the administrative fee,
shall be paid over to the General Chinese Charities Fund:

Provided that the donor may specify that the net fees arising from
the allocation of a number of such ordinary lots not exceeding the
number of subscriber lots surrendered shall be applied to a charity
other than the General Chinese Charities Fund so long as such
nominated charity is operating for the benefit of persons of the Chinese
race in Hong Kong.

12. (1) Where a subscriber attempts to transfer or assign a
subscriber lot contrary to rule 10(2), all unused subscriber lots standing
reserved and allocated in his name shall revert to the Board in
accordance with this rule.

(2) Where the Board has reason to believe that a subscriber
attempts to transfer or assign a subscriber lot, it shall cause a notice to
this effect to be published in the Gazetie and in not less than 2 local
Chinese newspapers together with details of the particular subscriber
lots calling upon the subscriber to show cause within 3 months from the
date of the publication of the notice why his subscriber lots should not
revert to the Board.

(3) The subscriber may show cause by sending to the Board a
written statement of his objections.

(4) Upon receipt of a written statement of the objections under rule
12(3), the Board may give preliminary consideration to the objections in
the absence of the subscriber and may decide to withdraw the notice in
rule 12(2).

(5) If the Board decides to withdraw the notice in rule 12(2), it shall
give notice in writing of such decision to the subscriber by registered
post whereupon the notice by the Board in rule 12(2) shall be deemed to
have been withdrawn.

(6) If the Board decides not to withdraw the notice in rule 12(2), it
shall give notice thereof to the subscriber and to invite the subscriber
to attend a meeting of the Board at not less than 14 days' notice at
which the subscriber shall if he so desires be heard.

(7) Where

(a) after hearing the subscriber in the meeting; or

(b) the subscriber fails to attend before the Board,





and the Board maintains its decision not to withdraw the notice in rule
12(2), the Board shall give notice by registered post of its decision to
the subscriber.

(8) Within 30 days from the date of service of the notice of the
Board in rule 12(7), the subscriber may appeal by way of petition to the
Governor whose decision on such appeal shall be final.

(9) If the subscriber fails to show cause within 3 months from the
date of the publication of the notice in rule 12(2) or if the Board decides
not to withdraw the notice in rule 12(2) and no appeal is lodged by the
subscriber within the period of 30 days in rule 12(8) or if the Governor
dismisses the appeal, all unused subscriber lots standing reserved and
allocated in his name shall revert to the Board.

(10) Any subscriber lot which reverts to the Board under this rule
shall be available for any allocation by the Board.

13. (1) The Board may designate any grave space to be an
exhumable lot at the time of allocation of such grave space.

(2) The Board may allocate an exhumable lot, either-

(a)for an initial term of 10 years, which may be extended for one
further and final term of 6 years at an increased premium
which the Board, in its discretion, may determine at the time of
expiry of the initial period; or

(b)for an initial term of 10 years, which may be extended for an
indefinite number of terms of up to 10 years each, at premiums
to be increased on an ascending scale which the Board, in its
discretion, may determine at the time of expiry of each term.


14. On the expiry of an initial term of 10 years, which is not
extended, or if the initial term is extended, on the termination of such
extended term

(a)the permittee shall disinter and remove the human remains
buried in the exhumable lot allocated in accordance with rule
13;

(b)where the permittee does not disinter the human remains from
an exhumable lot allocated in accordance with rule 13 the
Board may disinter and remove the human remains if

(i) the Board's intention to disinter has been published in
the Gazette and in not less than 2 local Chinese newspapers;
and

(ii) 6 months has elapsed from the date of such publication.

15. After removal of the human remains under rule 14, an
exhumable lot shall forthwith revert to the Board, for any further
allocation which the Board may make.





1

16. (1) Save as hereinafter provided no more than one interment
shall be allowed in any grave space at any one time except where

(a) the grave is non-exhumable; and

(b)the human remains of the second (or subsequent) burial are
those of a close relative of the deceased first buried in the
grave; and

(c)not more than one set of encoffined human remains is buried
in the grave at any one time, unless the specific consent of the
Board is given in writing.

(2) The Board may permit a second or subsequent burial in an
exhumable lot where

(a) the unexpired term of the lot is not less than 6 years; and

(b)the human remains of the second (or subsequent) burial are
those of a close relative of the deceased first buried in the
grave; and

(c)not more than one set of encoffined human remains is buried
in the grave at any one time, unless the specific consent of the
Board is given in writing; and

(d)the higher of the fee for a niche in an ossuary or in a
columbarium is paid to the Board in addition to any other fees
payable.

17. (1) After exhumation an ordinary lot or a subscriber lot may be
used for the immediate reburial in urn of the skeletal or cremated
remains.

(2) Skeletal or cremated remains of other relatives, in urn, whether
originally buried in a cemetery, ossuary or columbarium managed by the
Board or otherwise, may be buried in the same lot.

(3) Where one or more urn burials have already taken place a
subsequent coffin interment may be permitted with the Board's special
consent in writing, where the permittee is able to prove that his nominee
for the new interment and each of the persons whose remains are buried
therein in urn are close relatives of the first deceased buried in the lot.

18. An ordinary lot or a subscriber lot which remains vacant for a
period of 3 months after exhumation shall revert to the Board for any
further allocation which the Board may make.

19. Any urning ground or urn lot previously allocated which
remains vacant for a period of 3 months after the removal of skeletal or
cremated remains shall revert to the Board for any further allocation
which the Board may make.

20. (1) The Board shall allocate a niche in an ossuary, where
available, free of charge, for each set of human remains removed





from an exhumable lot upon reversion of such lot to the Board for re-
allocation.

(2) The Board shall allocate a niche in an ossuary or a columbarium
where available, free of charge, for each set of human remains removed
upon exhumation of an ordinary or subscriber lot for surrender to the
Board for re-allocation.

(3) A niche in an ossuary maybe allocated upon payment ofthe
prescribed fee for the immediate deposit of a set of human remains.

(4) An ordinary niche may be allocated upon payment of the
prescribed fee for the immediate deposit of cremated human ashes.

(5) Each ordinary niche may be used for the deposit of up to 2 sets
of human ashes.

21. A niche in an ossuary or an ordinary niche which remains
vacant for a period of 3 months after allocation or removal of skeletal or
cremated remains shall revert to the Board for any further allocation
which the Board may make.

21A. (1) The Board may designate any niche in a columbarium to
be a family niche at the time of the allocation of such niche.

(2) A family niche may be allocated upon payment of the fee
prescribed for such allocation and the Board may allocate more than
one family niche to the same permittee.

(3) A family niche allocated to a permittee shall be used
immediately for the deposit of cremated human ashes. In the case where
more than one family niche have been allocated at any one time to a
permittee, at least one of those family niches allocated shall be used
immediately for the deposit of cremated human ashes.

(4) Each family niche may be used for the deposit of up to four sets
of cremated human ashes. Provided always that the second (or
subsequent) set of cremated human ashes deposited in a family niche
shall be those of a close relative of the deceased first deposited in that
niche having the same family surname. For the purpose of this
paragraph, a married woman (unless divorced from her husband) shall
be deemed to have her husband's family surname.

21B. (1) If a family niche or all family niches allocated to a permittee
at any one time shall remain vacant for a period of 3 months after
allocation or removal of cremated human ashes, the Board may at its
absolute discretion revoke such allocation and designation by notice in
writing addressed to the relevant permittee at his last known address
and by posting the said notice at a conspicuous place of the niche or
niches.

(2) At the expiration of 14 days of such notice being sent and
posted as prescribed in paragraph (1), the niche or niches shall revert to
the Board.





(3) Upon reversion of a family niche or family niches pursuant to
this rule, all fees paid for the allocation of such niche or niches shall
after deduction of an administration fee determined by the Board at its
discretion for the particular occasion, be refunded to the permittee:

Provided always that any fees refundable but unclaimed by the
permittee within a period of 6 years after reversion shall be paid over to
the General Chinese Charities Fund.

(4) Any family niche which reverts to the Board under this rule
shall be available for any allocation by the Board.

22. (1) Save where the Board allows otherwise, the digging and
paving in respect of any grave space or urn space shall be effected by
the Board at the appropriate fees.

(2) Save with the consent in writing of the Board and in
accordance with any conditions or restrictions which the Board may
impose on the grant thereof, no person shall in any cemetery erect a
monument other than a headstone or tablet upon a grave or urn space.

(3) Every monument, headstone, tablet, railing, fence, enclosure
and every other commemorative article whatsoever, whether movable or
immovable, which is placed at any grave or urn space or niche shall be
placed there at the sole risk of the permittee, and the Board shall not be
liable for any loss or damage thereto arising from any cause
whatsoever.

23. The Board gives no warranty against landslips or the collapse
or damage to retaining walls in the even of subsidence, natural disaster
or civil commotion and the Board shall not be liable for any
compensation for disturbance to any grave as a result of such landslip,
collapse or damage.

23A. The Board shall have power to carry out any repairs to graves
on behalf of the permittees who failed to respond to the Board's request
to carry out such repairs for safeguarding the foundation of the terraces
involved and recover any expenses incurred from the permittees
concerned.

24. The Board may, by its employees, servants or agents, eject or
exclude from any of the cemeteries any person for disorderly conduct.

25. Any person causing damage, for any reasons, whether wilful or
otherwise, within a cemetery shall be liable to make good the same to
the satisfaction of the Board.

25A. Every permittee shall give notice in writing to the Board of
any change in his address within one month of such change.





26. The Board may award tenancies and contracts for the operation
and maintenance of its cemeteries for such periods and on such terms
as it deems fit.

27. Fees shall be charged in accordance with the Third Schedule,
provided that the Board may waive, reduce or refund fees in any
appropriate case.

FIRST SCHEDULE [rule 2.]

CEMETERIES

(a) Aberdeen Chinese Permanent Cemetery. (b)
(b) Tsuen Wan Chinese Permanent Cemetery. (c)
(c) Cape Collinson Chinese Permanent Cemetery.



SECOND SCHEDULE [rule 2.]

RUEL III

Every subscriber who has subscribed or shall subscribe a sum of not less than
$500 shall be entitled to certain privileges with regard to the free allotment and
reservation of a certain number of sites in the cemetery to which he has subscribed
for burial purposes but the exact nature and extent of such privileges and the
number of such allotment shall be determined and defined by the Board.

THIRD SCHEDULE [rule 27.]
FEES
Fee
1 . Allocation of Grave Space-

(a) Ordinary lot ....... $180,000

(b) Exhumable lot allocated for an initial term of 10

years extendable for 1 further term of 6 years (rule
13(2)(a) )-

(i) initial allocation ... $12,000
(ii) for extension .......such fee (being
not less than
$3,588 as the
Board determines
at the time of
extension.

(c) Exhumable lot allocated for an initial term of 10
years extendable for further terms of not more
than 10 years (rule 13(2)(h)

(i) initial allocation ... $18,000
(ii) for each extension ..such fee (being
not less than
$5,000) as the
Board may
determine at the
time of extension.

2. Registration of probate or letters of administration
(rule 10(2) )
for each instrument $100







1986 ED CAP. 1112 A11 L.N. 267/75. L.N. 193/78. L.N. 184/80. L.N. 364/81. L.N. 56/82. L.N. 228/83. L.N. 133/84. L.N. 310/84. L.N. 371/84. L.N. 197/86. Citation. Application. First Schedule. Second Schedule. Interpretation. (cap. 1112) First Schedule. L.N. 197/86. L.N. 197/86. (Cap. 153.) L.N. 197/86. (Cap. 115.) Eligibility. Consent of Board for burial, deposits and removals. Reversion of grave spaces allocated. Late burials. L.N. 193/78. Allocation use and dimension of grave spaces. L.N. 56/82. L.N. 56/82. L.N. 56/82. Certain permits and certificates to be produced at time of interment. (Cap. 174.) Permission for exhumation. Definition of subscribers privileges. Voluntary surrender of subscriber lots. Reversion of subscriber lots. Allocation of exhumable lots. Disinterment and removal of human remains on expiry of term. Reversion of exhumable lot. Several interments in one grave space. Burial in urn of skeletal or cremated remains. Reversion of vacant ordinary or subscriber lot after exhumation. Reversion of vacant lot after removal. Allocation of niches. L.N. 197/86. L.N. 197/86. Reversion of a vacant niche. L.N. 197/86. Power of Board to designate niche to be family niche. L.N. 197/86. Reversion of family niches allocated. L.N. 197/86. Digging, paving, monuments and headstones etc. No warranty against landslips, collapse or damage to retaining walls. Power of Board to repair graves and recover expenses. L.N. 193/78. Ejection for disorderly conduct. Persons causing damage. Duty to give notice of change of address. L.N. 197/86. Tenancies and contracts. Fees. Third Schedule. L.N. 193/78. L.N. 184/80. L.N. 364/81. L.N. 228/83. L.N. 133/84. L.N. 310/84. L.N. 371/84. L.N. 197/86. L.N. 197/86. L.N. 228/83. L.N. 310/84. L.N. 310/84. L.N. 310/84.

L.N. 267/75. L.N. 193/78. L.N. 184/80. L.N. 364/81. L.N. 56/82. L.N. 228/83. L.N. 133/84. L.N. 310/84. L.N. 371/84. L.N. 197/86. Citation. Application. First Schedule. Second Schedule. Interpretation. (cap. 1112) First Schedule. L.N. 197/86. L.N. 197/86. (Cap. 153.) L.N. 197/86. (Cap. 115.) Eligibility. Consent of Board for burial, deposits and removals. Reversion of grave spaces allocated. Late burials. L.N. 193/78. Allocation use and dimension of grave spaces. L.N. 56/82. L.N. 56/82. L.N. 56/82. Certain permits and certificates to be produced at time of interment. (Cap. 174.) Permission for exhumation. Definition of subscribers privileges. Voluntary surrender of subscriber lots. Reversion of subscriber lots. Allocation of exhumable lots. Disinterment and removal of human remains on expiry of term. Reversion of exhumable lot. Several interments in one grave space. Burial in urn of skeletal or cremated remains. Reversion of vacant ordinary or subscriber lot after exhumation. Reversion of vacant lot after removal. Allocation of niches. L.N. 197/86. L.N. 197/86. Reversion of a vacant niche. L.N. 197/86. Power of Board to designate niche to be family niche. L.N. 197/86. Reversion of family niches allocated. L.N. 197/86. Digging, paving, monuments and headstones etc. No warranty against landslips, collapse or damage to retaining walls. Power of Board to repair graves and recover expenses. L.N. 193/78. Ejection for disorderly conduct. Persons causing damage. Duty to give notice of change of address. L.N. 197/86. Tenancies and contracts. Fees. Third Schedule. L.N. 193/78. L.N. 184/80. L.N. 364/81. L.N. 228/83. L.N. 133/84. L.N. 310/84. L.N. 371/84. L.N. 197/86. L.N. 197/86. L.N. 228/83. L.N. 310/84. L.N. 310/84. L.N. 310/84.

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