### Public Health and Municipal Services Ordinance 《公眾衞生及市政條例》

113A. Columbarium managed and controlled by person specified in Part 2A of Fifth Schedule
(1) In this section—
ashes (骨灰) has the same meaning as it has in section 2(1) of the Private Columbaria Ordinance (Cap. 630); (Amended E.R. 4 of 2017)
columbarium (骨灰安置所), subject to subsection (6), has the same meaning as it has in section 2(1) of the Private Columbaria Ordinance (Cap. 630); (Amended E.R. 4 of 2017)
inter (安放) has the same meaning as it has in section 2(1) of the Private Columbaria Ordinance (Cap. 630); (Amended E.R. 4 of 2017)
interment right (安放權) has the same meaning as it has in section 2(1) of the Private Columbaria Ordinance (Cap. 630); (Amended E.R. 4 of 2017)
specified person (指明人士) means a person specified in Part 2A of the Fifth Schedule.
(2) No ashes may be interred in a columbarium that is under the management and control of a specified person, nor may an interment right in respect of the columbarium be sold, unless—
(a) the specified person has provided to the Authority information on the name and location of the columbarium; and
(b) at least 6 months have lapsed since the information was so provided.
(3) The Authority must, by notice in the Gazette, publish the information within 3 months after receiving it.
(4) The notice is not subsidiary legislation.
(5) A specified person must provide to the Authority, on request, a list setting out the name, location and other particulars of each columbarium that is under the specified person’s management and control.
(6) This section does not apply to a columbarium in a private cemetery specified in Part 2 of the Fifth Schedule.
(Added 8 of 2017 s. 125)

### Public Health and Municipal Services Ordinance 《公眾衞生及市政條例》

114. Plans and demarcations of cemeteries
(1) The Authority shall, as soon as practicable, prepare a plan of every cemetery and mark the boundaries thereof in such manner as it may think fit.
(2) Subject to subsection (2A), where the boundaries of any cemetery are so varied, or any cemetery is otherwise so changed, as to render any plan deposited in accordance with the provisions of subsection (3) no longer accurate, the Authority shall withdraw the plan so deposited and shall, as soon as practicable, prepare an amended plan or a new plan of such cemetery and, where necessary, further mark the boundaries thereof in such manner as it may think fit. (Amended 12 of 1994 s. 4)
(2A) The Authority shall, before exercising any power conferred on it under subsection (2) in relation to a Commonwealth War Graves Commission Cemetery, consult with The Commonwealth War Graves Commission. (Added 12 of 1994 s. 4)
(3) Every plan prepared in accordance with the provisions of subsection (1) or (2) shall be deposited in the Land Registry. (Amended 8 of 1993 s. 2; 20 of 2002 s. 5)

115. General management and closure of public cemeteries and Commonwealth War Graves Commission Cemeteries
(1) The general management and control of public cemeteries shall be vested in the Authority. (Amended 69 of 1976 s. 3; 12 of 1994 s. 5)
(1A) The general management and control of Commonwealth War Graves Commission Cemeteries shall be vested in The Commonwealth War Graves Commission. (Added 12 of 1994 s. 5)
(2) The Authority may by notification in the Gazette declare any public cemetery, or any part of such a cemetery, to be closed. (Replaced 69 of 1976 s. 3. Amended 12 of 1994 s. 5)
(3) Any person who buries, or causes or permits to be buried, any human remains, or deposits, or causes or permits to be deposited, any urn containing any human remains, in any cemetery or any part of any cemetery which has been declared to be closed under the provisions of subsection (2) shall be guilty of an offence.

### Public Health and Municipal Services Ordinance 《公眾衞生及市政條例》

116. Regulations relating to cemeteries
(1) Notwithstanding anything contained in any deed of appropriation, deed of grant or other instrument relating to any cemetery, the Authority may make regulations prescribing or providing for—
(a) the marking or otherwise identifying of graves, vaults and urns, and the provision, custody, maintenance and inspection of registers of burials therein; 
(b) the control of the number of dead bodies which may be buried in any one grave or vault; 
(c) the interspace between graves and between vaults; 
(d) the manner of closing, turfing or covering of graves, the materials to be used therefor and the period within which any grave must be so closed, turfed or covered; 
(e) the re-opening of graves and vaults and the removal of human remains therefrom; 
(f) the prevention and abatement of nuisances in connection with any cemetery, grave, vault, urn or the burial of any human remains; 
(g) the entry and inspection of cemeteries and vaults; 
(h) the proper management of cemeteries; 
(i) the depth and size of graves and vaults; 
(j) (Repealed 49 of 1994 s. 28) (k) such other matters as, in the opinion of the Authority, are necessary for the proper regulation and control of cemeteries in the public interest. 
(2) In addition to the purposes specified in subsection (1), the Authority may in relation to any public cemetery make regulations prescribing or providing for—
(a) the lay-out and use of any such cemetery or any part thereof and matters ancillary thereto; 
(b) the exhumation of human remains from any grave and the disposal of the same in a decent manner; 
(c) the size of any monument or enclosure over or round any grave, vault or urn; 
(d) the orderly and decent conduct of any burial, exhumation or removal of any human remains and the performance of any ceremony, rite, custom or religious practice connected therewith in any such cemetery or in any part of any such cemetery and the orderly and decent conduct of persons resorting to any such cemetery.  (Amended 49 of 1994 s. 28)
(e) (Repealed 49 of 1994 s. 28) (3) Regulations made under subsection (1) shall not apply in relation to any Commonwealth War Graves Commission Cemetery. (Added 12 of 1994 s. 6) 
(Amended 48 of 1969 s. 8; 49 of 1972 s. 2)

### Public Health and Municipal Services Ordinance 《公眾衞生及市政條例》

117. Public cemetery and Commonwealth War Graves Commission Cemetery rules
(1) The Authority may, in relation to a public cemetery or Commonwealth War Graves Commission Cemetery, make rules which are not inconsistent with regulations made under section 116 to provide for the better control of persons in connection with the use of the cemetery or Cemetery and to provide information relating to the use of the cemetery or Cemetery. (Replaced 78 of 1999 s. 7)
(2) Any person who fails to comply with any rule made under subsection (1) shall be guilty of an offence.