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

80. Certificate of cessation of columbarium use
(1) The Licensing Board may, on application and if satisfied that—
(a) the prescribed ash disposal procedures have been carried out in respect of a columbarium against the premises of which a certificate of columbarium use is registered under section 46; or
(b) the steps that a specified officer considers necessary for disposal of ashes in respect of such a columbarium under this Ordinance have been carried out by the officer,
issue a certificate that the premises cease to be a columbarium.
(2) An application for the purposes of subsection (1) must be made by—
(a) the owner of the premises;
(b) the holder of a specified instrument in respect of the premises;
(c) the person in possession within the meaning of section 75; or
(d) a specified officer.
(3) A person to whom a certificate is issued under subsection (1) in respect of any premises may register the certificate against the premises in the Land Registry.
(4) On determining an application for the purposes of subsection (1), 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.

81. Contractual obligations not affected
Neither this Part nor Schedule 5 affects any claim for compensation arising out of an agreement for the sale of an interment right in respect of a columbarium for a breach of the seller’s obligation in connection with the handling of ashes.

82. Interpretation of Part 8
In this Part—
appeal (上訴) means an appeal under section 84;
appellant (上訴人) means a person lodging an appeal;
Chairperson (主席) means the Chairperson of the Appeal Board appointed under section 83(3);
Deputy Chairperson (副主席) means a Deputy Chairperson of the Appeal Board appointed under section 83(3);
legally qualified (具所需法律資格) means qualified for appointment as a District Judge under section 5 of the District Court Ordinance (Cap. 336);
panel member (委員團成員) means a member of the panel of persons appointed under section 83(2);
party (方)—(a) in relation to an appeal against a decision of the Licensing Board—means the appellant or the Licensing Board;
(b) in relation to an appeal against a decision of the Director—means the appellant or the Director;

presiding officer (審裁官), in relation to an appeal, means the presiding officer referred to in section 85(1)(a).

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

83. Establishment of Appeal Board
(1) A body is established with the name “Private Columbaria Appeal Board” in English and “私營骨灰安置所上訴委員會” in Chinese.
(2) The Chief Executive may appoint a panel of persons each of whom—
(a) is neither a member of the Licensing Board nor a public officer; and
(b) is considered by the Chief Executive to be suitable to serve on an Appeal Board to hear an appeal.
(3) The Chief Executive may—
(a) appoint a panel member who is legally qualified to be the Chairperson of the Appeal Board; and
(b) appoint other panel members who are legally qualified to be Deputy Chairpersons of the Appeal Board.
(4) A panel member—
(a) is to hold and vacate office in accordance with the panel member’s terms of appointment; and
(b) on ceasing to be a panel member, is eligible for reappointment.
(5) An appointment under this section must be notified in the Gazette.
(6) The Secretary may appoint a public officer to be the secretary to the Appeal Board.
(7) The Secretary may appoint a legal adviser to advise the Appeal Board on legal matters relating to an appeal.

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

85. Composition of Appeal Board for purposes of appeal
(1) For the purposes of an appeal, the Appeal Board consists of—
(a) a presiding officer, who is to preside at the hearing of the appeal; and
(b) 4 panel members selected by the presiding officer.
(2) Subject to subsections (3), (4) and (5), the Chairperson or a Deputy Chairperson may act as presiding officer.
(3) The Chairperson must not act as presiding officer if the Chairperson has a direct or indirect interest in the appeal.
(4) A Deputy Chairperson must not act as presiding officer if the Deputy Chairperson has a direct or indirect interest in the appeal.
(5) If the Chairperson and each Deputy Chairperson have a direct or indirect interest in an appeal, the Secretary may select a panel member who is legally qualified, and who does not have a direct or indirect interest in the appeal, to act as presiding officer.
(6) The presiding officer must not select a panel member to hear an appeal if the panel member has a direct or indirect interest in the appeal.
(7) If the term of appointment of the Chairperson or a Deputy Chairperson, or a panel member selected under subsection (5), who is the presiding officer at an appeal or a panel member selected under subsection (1)(b) for the purposes of an appeal expires during the hearing of the appeal, the Chairperson, Deputy Chairperson or panel member may continue to hear the appeal until the appeal is determined.

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

87. Powers of Appeal Board
(1) Subject to sections 88 and 92, in the hearing of an appeal, the Appeal Board may—
(a) subject to subsection (2), receive and consider any material—
(i) whether by way of oral evidence, written statements, documents or otherwise; and
(ii) whether or not it would be admissible in a court;
(b) by notice in writing, summon a person—
(i) to produce to the Appeal Board any document (including material and information referred to in section 94) that is relevant to the appeal and is in or under the custody or control of the person; or
(ii) to appear before the Appeal Board and to give evidence relevant to the appeal;
(c) administer oaths and affirmations;
(d) require evidence to be given on oath or affirmation; or
(e) make an order prohibiting a person from publishing or otherwise disclosing any material the Appeal Board receives.
(2) Subsection (1)(a) does not entitle a person to require the Appeal Board to receive and consider any material that had not been made available to the Licensing Board at any time before the decision under appeal was made.
(3) Any notice or order of an Appeal Board hearing an appeal is to be issued by the presiding officer of the Appeal Board.

88. Privileges against disclosure
In relation to an appeal, the appellant, the Licensing Board, the Director and any other person summoned under section 87(1)(b) are each to have the same privileges in respect of the disclosure of any material as if the proceedings before the Appeal Board were proceedings before a court.

89. Case may be stated for Court of Appeal
(1) The Appeal Board may, before determining an appeal, refer a question of law arising in the appeal to the Court of Appeal for determination by way of case stated.
(2) On hearing the case, the Court of Appeal may amend the case or order it to be sent back to the Appeal Board for amendment in a manner that the Court of Appeal orders.
(3) The Appeal Board is to comply with the order.