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

36. Temporary suspension of liability—conditions about steps to be taken, unleased land and non-compliant structures
(1) A temporary suspension of liability in respect of a pre-cut-off columbarium for which an application for the issue of a licence is pending is subject to the condition that its holder must take, with reasonable expedition, all necessary steps towards—
(a) meeting the requirements referred to in section 18 (whether or not as modified under section 19); and
(b) procuring the issue of the licence before the expiry of the temporary suspension of liability.
(2) A temporary suspension of liability in respect of a pre-cut-off columbarium for which an application for the issue of an exemption is pending is subject to the condition that its holder must take, with reasonable expedition, all necessary steps towards—
(a) meeting the requirements referred to in section 20; and
(b) procuring the issue of the exemption before the expiry of the temporary suspension of liability.
(3) The temporary suspension of liability is subject to all of the following conditions—
(a) that the extent of unlawful occupation of unleased land as is necessary for, or ancillary to, the operation of the columbarium must be limited to that as shown in the approved plans;
(b) that the non-compliant structures necessary for, or ancillary to, the operation of the columbarium must be limited to those as shown in the approved plans.

37. Temporary suspension of liability—further conditions
Without limiting section 13, the Licensing Board may as it thinks fit impose conditions on a temporary suspension of liability in respect of a pre-cut-off columbarium—
(a) on measures relating to building safety, fire safety, other safety matters, drainage and sewage, including requiring certificates or reports, by a qualified professional, to be submitted to the Licensing Board at regular intervals; and
(b) on measures for minimizing the environmental nuisance caused to the neighbourhood by the operation of the columbarium.

38. Conditions about additional fees, etc.
Without limiting Subdivisions 1, 2 and 3 and section 13, the Licensing Board may as it thinks fit impose conditions on a specified instrument in respect of a pre-cut-off columbarium restricting the imposition of any additional fees, charges or other sums in respect of an interment right beyond the amounts, or not in accordance with any mechanism for their future revision, specified or otherwise contained in any agreement for the sale of the interment right entered into before the cut-off time.

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

39. Transfer of specified instrument
(1) Except as provided in this section, none of the following instruments is transferable—
(a) a licence;
(b) an exemption;
(c) a temporary suspension of liability together with one or both of the following—
(i) the related application for the issue of a licence;
(ii) the related application for the issue of an exemption.
(2) Subject to subsections (3), (4), (5) and (6), the Licensing Board may, on application, approve the transfer from a person in respect of whom an instrument referred to in subsection (1) is in force to another person (transferee

40. Revocation, suspension, refusal to renew or extend and variation of conditions
(1) Subject to subsections (2) and (3), the Licensing Board may—
(a) revoke, or suspend for a period the Licensing Board thinks fit—
(i) a licence; or
(ii) the authorization under a licence to sell interment rights in respect of the columbarium concerned;
(b) revoke, or suspend for a period the Licensing Board thinks fit, an exemption or temporary suspension of liability;
(c) refuse to renew a licence or exemption or refuse to extend a temporary suspension of liability;
(d) vary any conditions to which any of the following is subject or impose new conditions on it—
(i) a licence;
(ii) the authorization under a licence to sell interment rights in respect of the columbarium concerned;
(iii) an exemption;
(iv) a temporary suspension of liability.
(2) The Licensing Board may exercise the powers under subsection (1)—
(a) if, at the time when the Licensing Board considers exercising the powers in respect of the columbarium, circumstances exist that would have entitled the Licensing Board to refuse an application for the issue of the specified instrument under section 18 (whether or not as modified under section 19) or section 20 or 21 had it been necessary to determine such an application at that time;
(b) if the person holding the specified instrument (instrument 

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

41. Variation of condition on application by holder of specified instrument
(1) The Licensing Board may, on application by the holder of a specified instrument showing sufficient cause to its satisfaction, vary any conditions to which the instrument is subject, by an endorsement on the instrument.
(2) The application—
(a) must be made, in writing, to the Licensing Board in the specified form; and
(b) must be accompanied by—
(i) if applicable—plans that comply with the requirements in section 25 and, where appropriate, section 27(2); and
(ii) the information, certificates and other documents—
(A) specified in the application form; or
(B) otherwise reasonably required by the Licensing Board.
(3) On determining an application made under this section, the Licensing Board must notify the applicant in writing of—
(a) the Licensing Board’s decision; and
(b) if the application is refused—the reasons for the refusal.

42. Variation of approved plans, endorsed registers, etc.
(1) The Licensing Board may, in the circumstances specified in subsection (3), vary any of the particulars or matters specified in subsection (2) in respect of a columbarium.
(2) The particulars or matters are—
(a) the following particulars shown in the approved plans of a columbarium—
(i) particulars specified in section 26(2) that are authorized or permitted by the specified instrument in respect of the columbarium;
(ii) particulars specified in section 27(1);
(iii) particulars specified in section 27(3);
(b) particulars contained in an endorsed register of a pre-cut-off columbarium; or
(c) matters covered in the approved management plan of a columbarium.
(3) The Licensing Board may vary a particular or matter in respect of a columbarium under subsection (1)—
(a) if, at the time when the Licensing Board considers exercising the power in respect of the columbarium, circumstances exist that would have entitled the Licensing Board to approve or endorse the plans, register or management plan with the particulars or matters as varied had it been necessary to determine at that time whether to approve or endorse the plans, register or management plan; or
(b) if the Licensing Board considers that the variation is necessary or expedient for the better regulation, supervision or control of the columbarium.
(4) If the Licensing Board varies any particular or matter in respect of a columbarium under subsection(1), the Licensing Board must notify the person holding the specified instrument in respect of the columbarium in writing of—
(a) the Licensing Board’s decision;
(b) the reasons for the decision; and
(c) the date on which the decision is to take effect.

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

43. Licensing Board’s decision may be suspended from operation
(1) If a person in respect of whom the Licensing Board made a decision under section 40(1) or 42(1) appeals against the decision under section 84, the Licensing Board—
(a) may, on application by the person, suspend the operation of the decision, pending the determination of the appeal; or
(b) may, on its volition, suspend the operation of the decision, pending the determination of the appeal.
(2) An application under subsection (1)(a)—
(a) must be made, in writing, to the Licensing Board within 7 days after the date of the lodging of the notice of appeal by that person; and
(b) must set out the grounds of the application.
(3) The decision in respect of which an application under subsection (1)(a) is made is suspended in its operation until the Licensing Board determines the application.
(4) On determining an application made under subsection (1)(a), the Licensing Board must notify the person in writing of—
(a) the Licensing Board’s decision; and
(b) if the application is refused—the reasons for the refusal.