The Government launched a public consultation on the proposed amendments to the Private Columbaria Ordinance (Cap. 630) (the Ordinance) on 2 May 2024.  Members of the public are welcome to offer their views. The public consultation period started from 2 May 2024 and will end on 2 June 2024. Please click the link below for details of the relevant Government's press release.

https://www.info.gov.hk/gia/general/202405/02/P2024050200213.htm

The Private Columbaria Ordinance (Cap. 630)

Coming into effect on June 30, 2017, the Ordinance has established a licensing regime in order to regulate private columbaria, ensure their compliance with statutory and government requirements, enhance protection of consumer interests, and foster adoption of a sustainable mode of operation by the industry. Matters relating to the operation of private columbaria that have been in operation and with ashes interred in their niches before the Government’s initial announcement of its proposal to establish a licensing regime (i.e. pre-cut-off columbaria) are handled through a pragmatic and sensitive approach. The Government has reviewed the Ordinance in the light of operational experiences. It proposes to amend certain provisions of the Ordinance and enhance the implementation details to achieve more effective execution of the regulatory regime on private columbaria.

Major Proposed Amendments

Major proposed amendments under consultation include:

(1)
Offering the option of applying for exemption to pre-cut-off columbaria that fulfils the relevant eligibility requirements and conditions, so that if their licence applications are eventually refused, they may continue to operate at their current confined scale if they opt to apply and are subsequently granted with an exemption, thereby averting massive displacement of interred ashes and minimising losses of the purchasers of niches;

(2)
Increasing the penalty for non-compliance with enforcement notices to enhance deterrence against violations;

(3)
Introducing a new offence to criminalise certain violations, including the sale of interment rights exceeding the ash interment capacity, the sale or leasing of unapproved niches, and the sale of interment rights when authorisation to sell interment rights has been revoked or suspended;

(4)
Specifying the conditions to be met for the Private Columbaria Appeal Board to consider new evidence submitted by appellants; and

(5)
Stipulating that the Ordinance is not applicable to registered masons meeting specified conditions.

The Government briefed the Legislative Council Panel on Food Safety and Environmental Hygiene on the direction of the proposed legislative amendments in February 2024.  The following document serves to introduce the relevant details for public consultation.

Public Consultation

Download Consultation Document

Comments on the proposed legislative amendments are cordially invited during the consultation period by sending your comments by post, fax or email to Food and Environmental Hygiene Department:

Address: Private Columbaria Affairs Office
Food and Environmental Hygiene Department
P.O. Box 80011
Cheung Sha Wan Post Office
Fax number: (852) 2827 2908
Email address: pco_review@fehd.gov.hk