Cap. 132 sub. leg. M

Cremation and Gardens of Remembrance Regulation(78 of 1999 s. 7)(Cap. 132, section 124E) [24 May 1974](Format changes—E.R. 1 of 2023) Part I Preliminary 1. (Repealed 78 of 1999 s. 7) 2. (Repealed 78 of 1999 s. 7) 3. Interpretation In this Regulation, unless the context otherwise requires— (78 of 1999 s. 7)ashes (骨灰) mean ashes resulting from the cremation of human remains; cremation order (火葬令) 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 (Cap. 174); cremation permit (火葬許可證) means a permit granted by the Director of Health in accordance with section 5; (L.N. 76 of 1989; 78 of 1999 s. 7) garden of remembrance (紀念花園) means any place specified in Part 7 of the Fifth Schedule to the Ordinance; (E.R. 1 of 2013)Government crematorium (政府火葬場) means a crematorium specified in Part 5 of the Fifth Schedule to the Ordinance; (E.R. 1 of 2013)human remains (遺骸) 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 (醫生) means a medical practitioner registered or exempted from registration under the Medical Registration Ordinance (Cap. 161);private crematorium (私營火葬場) means a crematorium specified in Part 6 of the Fifth Schedule to the Ordinance. (78 of 1999 s. 7; E.R. 1 of 2013)(78 of 1999 s. 7) Part II Permits to Cremate 4. Application for cremation permit (1) Application for a permit to cremate any human remains may be made in Form 1 in the First Schedule to the Director of Health by any of the following persons taking priority inter se in the order set out in this section— (L.N. 76 of 1989) (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 Health, is a suitable and proper person to make the application. (L.N. 76 of 1989) (2) Every application made under subsection (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 (Cap. 174); (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 Health, establishes that the deceased did not die from the effects of poison, violence, illegal operation, privation or neglect; (L.N. 76 of 1989) (c) 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 (Cap. 174), 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.(78 of 1999 s. 7) 5. Grant of cremation permit (1) Upon application being made in accordance with the provisions of section 4, the Director of Health 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. (L.N. 76 of 1989) (2) Notwithstanding subsection (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 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. (L.N. 76 of 1989) (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. (78 of 1999 s. 7) 6. Cancellation of cremation permit (1) The Director of Health 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 Health, 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 Health 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 Health 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 Health for cancellation. (4) Any person who fails to return to the Director of Health any cremation permit required to be returned in accordance with subsection (2) or (3) shall be guilty of an offence. (78 of 1999 s. 7)(L.N. 76 of 1989) 7. The burning of human remains prohibited except by permit or order (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 section 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 Director of Food and Environmental Hygiene 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. (78 of 1999 s. 7) Part III Government Crematoria 8. Hours of opening Every Government crematorium shall, subject to this Regulation, be open to the public on such days and between such times as the Director of Food and Environmental Hygiene may from time to time direct by notice posted therein. (78 of 1999 s. 7) 9. Restriction on cremation of human remains (1) Subject to subsection (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 Director of Food and Environmental Hygiene, 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 (E.R. 1 of 2023)(ii) the prescribed fee is paid. (L.N. 283 of 1995) (2) The requirements of subsection (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. (78 of 1999 s. 7) 10. Restriction on removal of uncremated human remains Any person who, except upon the order of—(a) a coroner; (b) the Commissioner of Police; or (c) the Director of Food and Environmental Hygiene, (78 of 1999 s. 7)removes any human remains from any Government crematorium after receipt therein for cremation shall be guilty of an offence. 11. Restriction on coffins (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 Director of Food and Environmental Hygiene, 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 Director of Food and Environmental Hygiene, is unsuitable for combustion in a cremation furnace. (78 of 1999 s. 7)(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. Provision of bearers (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 subsection (1), the officer in charge of the crematorium may refuse to proceed with the cremation. (78 of 1999 s. 7) 13. Disposal of ashes after cremation (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 Director of Food and Environmental Hygiene may determine. (2) Notwithstanding subsection (1), upon the request in writing of the person entitled thereto under subsection (3), the ashes may, at the discretion of the officer in charge of the crematorium, be retained at such crematorium for any period not exceeding 2 months free of charge. (L.N. 307 of 1978)(3) Without prejudice to subsections (1) and (2) any person shall, upon payment of the prescribed fee, be entitled to have the ashes of the human remains of any person— (L.N. 283 of 1995)(a) who was a resident of Hong Kong at the time of his death and whose remains were cremated in a Government crematorium within 3 months after his death; or(b) who was a resident of Hong Kong for a period of at least 10 years during the period of 20 years immediately preceding his death and whose remains were cremated outside Hong Kong, deposited at a Government crematorium or columbarium either permanently or for such period as may be stipulated by the Director of Food and Environmental Hygiene. (4) Without prejudice to subsections (1), (2) and (3), upon application to the Director of Food and Environmental Hygiene and payment of the prescribed fee, 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 that Director, be deposited at a Government crematorium or columbarium either permanently or for such period as may be stipulated by that Director. (L.N. 283 of 1995)(5) Without prejudice to the provisions of subsections (1), (2), (3) and (4), upon application to the Director of Food and Environmental Hygiene and payment of the prescribed fee, the ashes of the human remains of any person may, at the discretion of that Director, be deposited at any crematorium or columbarium the management and control of which is vested in that Director either permanently or for such period as may be stipulated by that Director. (L.N. 96 of 1977; L.N. 283 of 1995)(78 of 1999 s. 7) 14. Control of memorials, inscriptions, etc. (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 Director of Food and Environmental Hygiene has been obtained; and (b) the prescribed fee has been paid. (L.N. 283 of 1995) (2) Any permission granted by the Director of Food and Environmental Hygiene under subsection (1) may be granted subject to such conditions or restrictions as that Director may think fit. (3) The Director of Food and Environmental Hygiene 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 section; and in any event may take all such steps as in his opinion are necessary for the maintenance of such crematorium in a suitable and seemly condition. (78 of 1999 s. 7) 15. Conduct and behaviour 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 Director of Food and Environmental Hygiene; (78 of 1999 s. 7)(b) posts, affixes or distributes any poster, handbill, card, circular or advertisement whatsoever; (c) (Repealed 78 of 1999 s. 7)(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; (f) 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, (78 of 1999 s. 7)shall be guilty of an offence. 16. Restriction on attending cremations (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) Subsection (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 Director of Food and Environmental Hygiene for such purpose. (78 of 1999 s. 7) 17. Obstruction (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 this Regulation as may from time to time be posted in such crematorium by or on behalf of the Director of Food and Environmental Hygiene 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. (78 of 1999 s. 7)(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 IIIA Private Crematoria (Part IIIA added 78 of 1999 s. 7) 17A. Management of private crematoria The person entitled to the possession of any private crematorium shall nominate a natural person to be the manager of it and register with the Director of Food and Environmental Hygiene the name and address of the manager. 17B. Register of cremations (1) The manager of a private crematorium shall maintain a register at or near the crematorium and record in it, not later than 48 hours after any cremation is carried out in the crematorium—(a) the serial number of the cremation;(b) the date of the cremation permit or coroner’s order;(c) the date on which the cremation is carried out;(d) the name, sex and approximate age of the deceased person whose remains were cremated;(e) disposal of the ashes;(f) the name, address and signature of the person in charge of the cremation.(2) A register referred to in subsection (1) shall be open to the public for inspection on request made to the manager of the crematorium at a reasonable hour.(3) Not later than the seventh day of each month the manager of a private crematorium shall send to the Director of Food and Environmental Hygiene a copy of every entry made during the preceding month in the register.(4) A manager of a private crematorium who fails or refuses to comply with this section commits an offence. 17C. Restriction on removal of human remains received for cremation Any person who, except on the order of—(a) a coroner;(b) the Commissioner of Police; or(c) the Director of Food and Environmental Hygiene,removes any human remains from a private crematorium after being received for cremation commits an offence. 17D. Inspection (1) Every private crematorium shall be open to inspection at all reasonable times by the Director of Food and Environmental Hygiene or by the Director of Health or by any person duly authorized in writing for the purpose by either Director.(2) A person who obstructs the Director of Food and Environmental Hygiene or the Director of Health or a person authorized under subsection (1) in carrying out an inspection of a private crematorium commits an offence. 17E. Closure (1) The Director of Food and Environmental Hygiene may direct by a notice (closure notice) given in accordance with subsections (2) and (3) that a private crematorium be closed with effect from a date specified in the notice.(2) A closure notice must be published in the Gazette in not less than 2 consecutive publications of the Gazette, posted at the entrance to the crematorium and be sent by registered post addressed to the manager of the private crematorium.(3) The date specified for closure of a private crematorium in a closure notice must be not earlier than one month after the notice is first published in the Gazette.(4) If the person entitled to the possession of a private crematorium is aggrieved by the direction to close the crematorium, he may appeal to the Municipal Services Appeals Board within 21 days of the first publication of the closure notice in the Gazette. Part IV Gardens of Remembrance 18. Hours of opening Every garden of remembrance shall be open to the public on such days and between such times as the Director of Food and Environmental Hygiene shall from time to time direct by notice posted therein. (78 of 1999 s. 7) 19. Allocations and layout The Director of Food and Environmental Hygiene may— (78 of 1999 s. 7)(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. Disposal of ashes No ashes shall be disposed of in any garden of remembrance otherwise than by scattering them in such parts of the garden as may from time to time be designated by the Director of Food and Environmental Hygiene for that purpose. (78 of 1999 s. 7) 21. Memorials, etc. (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 Director of Food and Environmental Hygiene; and (b) the prescribed fee has been paid. (L.N. 283 of 1995) (2) Any permission granted by the Director of Food and Environmental Hygiene under subsection (1) may be granted subject to such conditions or restrictions as that Director may think fit. (3) The Director of Food and Environmental Hygiene 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 section; and may in any event take all such steps as may in his opinion be necessary to ensure the maintenance of every such garden in a suitable and seemly condition. (78 of 1999 s. 7) 22. Conduct and behaviour 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 Director of Food and Environmental Hygiene; (78 of 1999 s. 7)(b) posts, affixes or distributes any poster, handbill, card, circular or advertisement whatsoever; (c) (Repealed 78 of 1999 s. 7)(d) wilfully disturbs or interferes with any religious or commemorative 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 Director of Food and Environmental Hygiene; (78 of 1999 s. 7)(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, (78 of 1999 s. 7)shall be guilty of an offence. 23. Obstruction (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 this Regulation as may be posted from time to time in such garden by or on behalf of the Director of Food and Environmental Hygiene 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. (78 of 1999 s. 7)(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. Books of Remembrance Where at any garden of remembrance the Director of Food and Environmental Hygiene 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 that Director and payment of the prescribed fee. (49 of 1994 s. 42; 78 of 1999 s. 7) Part V Miscellaneous 25. Penalties (1) Any person guilty of an offence under section 5(3), 7(1), 15 or 22 shall be liable to a fine at level 2 or to imprisonment for 6 months. (2) Any person guilty of an offence under section 6(4), 10, 16(1), 17, 17B(4), 17C, 17D(2) or 23 shall be liable to a fine at level 2, and in the case of a continuing offence to a further fine of $100 for each day during which it is proved to the satisfaction of the court that the offence has continued. (L.N. 288 of 1987; L.N. 177 of 1996; 78 of 1999 s. 7) First Schedule Form 1 [s. 4] Public Health and Municipal Services Ordinance(Chapter 132)APPLICATION TO CREMATE I, . being the* ｛ 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 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 Health in respect of *who died *which was still-born at on the . day of . 19 ., hereby apply for permission to cremate the *human remains of the said person *said still-born child in *a Government crematorium *the Crematorium† . I append hereto the certificates required by section 4 of the Cremation and Gardens of Remembrance Regulation. 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. (78 of 1999 s. 7)__________Form 2 [s. 4] Public Health and Municipal Services Ordinance(Chapter 132)MEDICAL CERTIFICATE (CREMATION) Name of Deceased Date of Death Place of Death I . hereby certify— (a) that I have carefully examined the body of the above-named deceased person; (b) that I 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. Note: Cremation may be refused if a pacemaker or a radioactive or other implant is not removed. Dated this . day of . 19 . Signature Qualification Address * Delete as appropriate.(78 of 1999 s. 7)__________Form 3 [s. 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 . Director of Health * Delete as appropriate. † Name of the private crematorium.(L.N. 49 of 1983; 10 of 1986 s. 32(2); L.N. 76 of 1989; L.N. 164 of 1996; 78 of 1999 s. 7) Second Schedule (Repealed L.N. 283 of 1995) Third Schedule [s. 4](78 of 1999 s. 7)Repositories for Human Remains The Government Repository at Oil Street, North PointThe Government Repository at On Fat Road, Hung HomTung Wah Hospital Repository at Sandy Bay(E.R. 1 of 2023)