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Public consultation on review of columbarium policy launched

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The Government today (July 6) launched a public consultation to solicit views on a package of short, medium and long-term proposals relating to columbarium policy. The consultation exercise will last for about three months until September 30.

Introducing the Review of Columbarium Policy to the Panel on Food Safety and Environmental Hygiene of the Legislative Council today, the Secretary for Food and Health, Dr York Chow, said the Government would like to listen to the public's views on two key issues - how to increase the supply of columbarium facilities; and how to enhance regulation of private columbaria.

To increase the supply of columbarium facilities, the Government proposes to introduce a district-based columbarium development scheme.

Dr Chow said: "Columbaria are essential facilities for the community, but they are normally not welcomed by local communities. To achieve a breakthrough in this difficult situation, we call on various sectors of the community to support the sharing of the responsibility to accommodate columbarium facilities in each district."

Dr Chow said that the Government would make its best efforts to reduce local resistance, including improving the outlook and layout of columbarium facilities through flexible design, in order to ease the concern and anxiety of neighbouring residents.

Meanwhile, the Government will explore further the feasibility of building additional columbarium facilities in existing cemeteries and will step up its efforts to identify suitable sites for the development of columbarium facilities across the territory. The Government has initially identified 12 potential sites in seven districts which may be used for columbarium development and is studying their feasibility and suitability for such use.

"Columbaria are essential facilities for the community. Construction of public columbaria is not a task that can be accomplished overnight. We appeal to the Legislative Council, District Councils and local residents for their understanding and support in assisting the Government to implement the columbarium development projects in a speedy manner," Dr Chow said.

The consultation document sets out proposals on alternative ways to handle cremains and pay tribute to the deceased, such as scattering cremains in Gardens of Remembrance or designated Hong Kong waters as well as the Internet memorial service. In addition, there are proposals to facilitate the transformation of our social customs to enable sustainable development of columbarium facilities. These include ways to maximise the use of existing niches; introduction of time-limited leases; and the launch of an incentive scheme for the return of public niches, etc. Members of the public are invited to put forward their views and ideas in this regard.

Dr Chow said the Government would study the introduction of a licensing system through legislation to enhance regulation of private columbaria. "However, this is a very complicated and sensitive issue, and if found feasible, is not something that can be completed within a short period of time," he explained.

Dr Chow considered that a licensing scheme that is excessively stringent will impede the healthy development of the trade, reduce the overall supply of columbarium facilities and lengthen the waiting time for niches. On the other hand, a lax licensing scheme may not effectively curb the proliferation of unauthorised private columbaria.

"Striking the right balance is by no means easy. The Government must handle the matter carefully to ensure that the scope and level of regulation under the licensing scheme would be appropriate," he added.

Meanwhile, to help those who are considering purchasing private columbarium facilities to make informed choices, the Government will publicise information on the private columbaria known to the Lands Department and the Planning Department, including information on whether such facilities occupy government land illegally as well as whether they are in compliance with the land leases and statutory planning requirements. The information will be uploaded onto Government websites for public viewing and will be updated from time to time.

Dr Chow reminded consumers who intend to purchase columbarium niches to ascertain whether private columbaria has compiled with the requirements of relevant legislation and land leases. Those which do not would be considered unauthorised columbaria.

"Members of the public should exercise caution and seek to understand the relevant information about the columbaria and niches that they intend to patronise. Consumers are advised not to make any purchasing decisions rashly if they are uncertain whether the columbaria in question are authorised or not, and should consult professional opinions where necessary.

"In case there is a practical need to patronise unauthorised private columbaria, they should consider using the columbaria niches only for temporary storage of the ancestors' cremains by way of, for example, leasing arrangements so as to retain some flexibility for themselves as consumers.

"I would like to point out in particular to developers and operators of private columbaria that as the Government will enhance regulation of private columbaria, they are strongly advised against establishing columbarium facilities with a speculative intent at this stage and deliberately disregarding the legislative requirements and conditions in the land leases.

"If unauthorised developments and operations are found or there are cases of buyers being misled, the authorities will deal with the matter in accordance with the law," he said.

The consultation document has set out details of the proposed licensing scheme, including licensing conditions, powers of the licensing authority, arrangements for pre-existing private columbaria, etc.

According to the Government's preliminary proposal, all private columbaria would be subject to the licensing scheme. They include those in existence before the enactment date of the new legislation. Operators of private columbaria subject to the licensing scheme should be required to obtain a licence or temporary exemption. Storage of cremains at home or in an ancestral hall (where no charge is involved) should not be covered. However, funeral parlours, undertakers of burials, religious institutions (e.g. temples and monasteries) and columbaria run by charitable organisations providing services involving a charge either on a commercial or not-for-profit basis should be covered by the new legislation.

Given the population structure of Hong Kong, Dr Chow said that there should be scope for the healthy development of the columbarium market. He urged the developers and operators of private columbaria to strictly comply with the relevant legislative requirements as well as conditions in the land leases; and for the unauthorised columbaria, application for regularisation should be made as soon as possible.

Copies of the consultation document can be downloaded from the website of the Food and Health Bureau (www.fhb.gov.hk), and will be available for collection at district offices in mid-July. Views and comments should be sent to the Food Division of the Food and Health Bureau: by post to 20/F, Murray Building, Garden Road, Hong Kong; by email to ccc@fhb.gov.hk; or by fax to 2136 3281, by September 30, 2010.




Ends/Tuesday, July 6, 2010
Issued at HKT 20:13

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12 Apr 2019