Press Releases
Government reminds members of public to exercise caution when choosing private columbarium niches
A spokesman for the Food and Health Bureau today (December 17) reminds
members of the public again to be cautious and vigilant when purchasing or
renting private columbaria niches and refrain from making any rash decision.
Since the purchase or rental of niches is a matter of private contracts,
consumers are advised to ascertain if consumer protection terms are
included, and to seek independent legal opinions if they have any queries.
Recently, another monastery was found unlawfully occupying unleased
government land to operate a private columbarium. The Lands Department has
taken land control actions against the monastery in accordance with the Land
(Miscellaneous Provisions) Ordinance (Cap. 28). The Department has posted a
notice at the monastery, requiring the operator concerned to stop occupying
the unleased government land before the date specified in the notice, the
spokesman said.
The Government reiterated that it was the responsibility of the columbarium
operators to properly handle sold niches, irrespective of whether ashes were
kept inside or not. While following up the enforcement actions, the
Government will also urge the monastery concerned to liaise with the
affected descendants and discuss with the relevant persons the arrangements
on relocating the ashes as soon as possible.
"The Legislative Council (LegCo) is now scrutinising the Private Columbaria
Bill. Private columbaria must be issued with a licence, exemption or
temporary suspension of liability before they can continue to be in
operation after the Bill comes into operation," the spokesman said.
Subject to the passage of the Bill, columbaria ceasing operation should
issue a commencement notice concerning the ash disposal, handle the ashes
and claims concerned in accordance with the intention stated in the notice,
and deliver a record of disinterment to the Government. The claim period set
for the return of ashes should be at least 12 months (that is to say, to
include Ching Ming Festival and Chung Yeung Festival). This is to allow
sufficient time for the affected persons to have opportunities to learn of
the message concerning the cessation of operation and to take follow-up
actions. The Bill also clearly prescribes that the above requirements do not
affect any claim for compensation arising out of a contract for a breach of
the seller's obligation in connection with the handling of ashes.
"Even before the Bill is passed in the LegCo and comes into operation,
private columbaria operators are required to comply with all current
statutory and government requirements, including town planning, landuse and
building safety requirements. In accordance with the relevant legislation
and prevailing enforcement policies, government departments will continue to
take enforcement actions against unauthorised private columbaria with a view
to urging them to rectify any breaches of the statutory and government
requirements."
The spokesman noted that members of the public should ascertain from private
columbaria operators, when necessary, how they would properly handle the
sold niches, irrespective of whether ashes were kept inside or not. They
also need to learn more about whether the interests of the affected
consumers are protected and the relevant arrangements, including whether and
how a refund or compensation would be made.
As regards the ways to handle the interred ashes after a columbarium has
ceased operation, the Government's stance is that human remains and ashes
should be disposed of in a decent manner. In other words, the columbarium
must handle the ashes having regard to the respect for, and the dignity of,
the deceased concerned.
Ends/Thursday, December 17, 2015
Issued at HKT 20:53
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