### Private Columbaria Ordinance 《私營骨灰安置所條例》

55. Interment of ashes by exercising interment right sold before cut-off time
The ashes of a dedicated person may be interred in a niche in a pre-cut-off columbarium in respect of which an exemption is in force if—
(a) the interment right in respect of the niche was sold before the cut-off time, but has not been exercised or (if more than one set of ashes may be interred in that niche) has only been exercised partially; and
(b) the name of the dedicated person has been entered into an endorsed register.

56. Records on unused or partially used niches, etc.
(1) The holder of an exemption in respect of a pre-cut-off columbarium must not replace the name of a dedicated person contained in an endorsed register, or cause such a name to be replaced, by the name of another person unless—
(a) the purchaser so requests;
(b) that other person is a relative (as defined by section 6(2) of Schedule 5) of the dedicated person, whether or not living, and the purchaser has made a statutory declaration to confirm that fact; and
(c) the arrangements for effecting changes of the dedicated person set out in the agreement for the sale of the interment right (if applicable) have been followed.
(2) The holder of an exemption in respect of a pre-cut-off columbarium must—
(a) update the endorsed register as soon as practicable after effecting the changes of a dedicated person;
(b) notify the Director of the change, in writing, within 10 working days after the date on which the change is effected; and
(c) make the updated register available for inspection, on request, by the Director or an authorized officer.
(3) If—
(a) the name of a dedicated person contained in an endorsed register is replaced by the name of another person otherwise than in accordance with subsection (1); or
(b) the name of the dedicated person shown on the niche in the pre-cut-off columbarium is different from that entered into such a register,
the holder of an exemption in respect of the columbarium commits an offence and is liable on conviction to a fine of $500,000 and to imprisonment for 2 years.
(4) A person who contravenes subsection (2) commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months.

### Private Columbaria Ordinance 《私營骨灰安置所條例》

58. Duty to maintain columbarium
(1) A person holding a specified instrument in respect of a columbarium must keep the columbarium clean and in good repair.
(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months.

59. Power to inspect columbaria, etc.
(1) The Director or an authorized officer has power to do all or any of the things set out in subsection (2) for the purposes of ascertaining whether all or any of the following is being, or has been, complied with—
(a) this Ordinance;
(b) the conditions of a specified instrument;
(c) the approved management plan of a columbarium.
(2) The things referred to in subsection (1) are—
(a) to enter and inspect at all reasonable times a columbarium in respect of which a specified instrument is in force;
(b) to require a person taking part in the operation or management of the columbarium—
(i) to produce a book, document or any other article in the person’s possession that relates to the operation or management of the columbarium or to any other activity in respect of the columbarium; or
(ii) to furnish any information in the person’s possession that relates to the operation, management or activity;
(c) to inspect, examine and copy any such book, document or article;
(d) to conduct any examination and inquiry that the Director or authorized officer considers necessary;
(e) to exercise any other powers that may be necessary for giving effect to the provisions of this Ordinance.
(3) A person holding a specified instrument and the employees, servants or agents of the person must provide the assistance and information required by the Director or an authorized officer for exercising the powers under this section.

### Private Columbaria Ordinance 《私營骨灰安置所條例》

60. Power to enter and search, etc.
(1) If satisfied by information on oath that there are reasonable grounds for suspecting that there is in any premises any thing which is or contains, or which is likely to be or to contain, evidence of an offence under this Ordinance, a magistrate may issue a search warrant in respect of the premises.
(2) The search warrant may authorize the Director or an authorized officer to—
(a) break into and forcibly enter the premises and search the premises;
(b) seize, remove or impound any thing which appears to the Director or authorized officer to be or to contain, or to be likely to be or to contain, evidence of an offence under this Ordinance;
(c) remove by force a person or thing obstructing the Director or authorized officer in the exercise of a power conferred on the Director or authorized officer by this section; and
(d) detain a person found on the premises until the premises have been searched.
(3) The Director or an authorized officer may exercise any of the powers referred to in subsection (2) in respect of any premises without a search warrant issued under subsection (1) if—
(a) there are reasonable grounds for suspecting that there is in the premises any thing which is or contains, or which is likely to be or to contain, evidence of an offence under this Ordinance; and
(b) the delay necessary to obtain a search warrant could result in the loss or destruction of evidence or for any other reason it would not be reasonably practicable to obtain a search warrant.
(4) If the Director or an authorized officer seizes, removes or impounds any thing under subsection (2)(b) (or by the exercise under subsection (3) of the powers referred to in subsection (2)(b)), the Director or authorized officer must post at a conspicuous place outside the premises a notice declaring the seizure, removal or impoundment.

61. Power of arrest
(1) If the Director or an authorized officer reasonably suspects that a person has committed or is committing an offence under this Ordinance, the Director or authorized officer may arrest the person without a warrant.
(2) The Director or an authorized officer may use all reasonable means necessary to make the arrest if the person—
(a) forcibly resists the attempt of the Director or authorized officer to arrest the person; or
(b) attempts to evade the arrest.
(3) If the Director or an authorized officer arrests a person under this section, the Director or authorized officer must immediately take the person to the nearest police station or hand the person over to the custody of a police officer, to be dealt with in accordance with the Police Force Ordinance (Cap. 232).