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

17. No specified instrument issued if columbarium subject to specified law enforcement action

(1) Subsections (2) and (3) have effect despite section 13.
(2) The Licensing Board may not grant an application for the issue of a specified instrument in respect of a columbarium if—
(a) the operation of the columbarium, or any part of it, constitutes an unauthorized development in contravention of section 20(7), 21(1) or 21F(1) of the Town Planning Ordinance (Cap. 131); and (Amended 25 of 2023 s. 127)
(b) in respect of the unauthorized development—
(i) proceedings for prosecution of an offence under section 20(8), 21(2) or 21F(2) of that Ordinance have been instituted, whether against the applicant or any other person, before the making of the application; or (Amended 25 of 2023 s. 127)
(ii) a notice—
(A) has been served, whether on the applicant or any other person, under section 23(1) or (2) of that Ordinance before the making of the application; and
(B) has not been complied with or withdrawn.
(3) The Licensing Board may not grant an application for the issue of a specified instrument in respect of a columbarium if—
(a) any building or building works in, on or at the columbarium, or any part of it, have been completed or carried out in contravention of section 14(1) of the Buildings Ordinance (Cap. 123); and
(b) in respect of the building or building works, an order under section 24(1) of that Ordinance—
(i) has been served, whether on the applicant or any other person, before the making of the application; and
(ii) has not been complied with or withdrawn.

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

18. Licence—eligibility based on legal compliance, premises held from Government, etc.
(1) The Licensing Board may refuse an application for the issue of a licence in respect of a columbarium if—
(a) the applicant fails to prove to the satisfaction of the Licensing Board that the columbarium complies with all of the following—
(i) the land-related requirements;
(ii) the planning-related requirements;
(iii) the building-related requirements; or
(b) the applicant fails to prove to the satisfaction of the Licensing Board that the applicant holds the columbarium premises directly from the Government under a lease.
(2) Despite section 13, the Licensing Board may grant an application for the issue of a licence in respect of a columbarium only if a management plan, submitted by the applicant in respect of the columbarium and covering matters required under section 97, has been approved by the Licensing Board.
(3) In relation to an application for the issue of a licence in respect of a columbarium, where a deed of mutual covenant is in force in respect of the columbarium premises, the Licensing Board may refuse the application if the applicant fails to produce the legal advice required under section 23(3).

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

19. Modifications of section 18 for pre-cut-off columbarium
(1) In relation to an application for the issue of a licence in respect of a pre-cut-off columbarium, section 18 is modified in the manner specified in subsections (2) and (3) if the applicant proves to the satisfaction of the Licensing Board—
(a) that the ash interment layout is limited in extent to that as at the cut-off time;
(b) that the ash interment capacity is limited to that as at the cut-off time; and
(c) that the extent of occupation of land as is necessary for, or ancillary to, the operation of the columbarium is limited to that as was necessary for, or ancillary to, its operation as at the cut-off time.
(2) The Licensing Board may decide not to refuse the application only because the applicant fails to prove the matter mentioned in section 18(1)(a)(iii) if the applicant proves to the satisfaction of the Licensing Board that—
(a) the non-compliant structures necessary for, or ancillary to, the operation of the columbarium are structures certifiable for a pre-cut-off columbarium; and
(b) the requirements applicable to the structures (specified in section 4(3) of Schedule 2) are complied with.
(3) The Licensing Board may decide not to refuse the application only because the applicant fails to prove the matter mentioned in section 18(1)(b) if—
(a) the Licensing Board is of the opinion that it would have granted the application but for that section; and
(b) the applicant proves to the satisfaction of the Licensing Board that the applicant has the right to continue to use the columbarium premises for at least 5 years beginning on the date on which the licence, if issued, is to take effect.

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

24. Requirements about registers accompanying application
(1) For the purposes of section 23(1)(b)(ii), the following registers of a pre-cut-off columbarium are to accompany an application for the issue of an exemption in respect of the columbarium—
(a) a register on the niches in the columbarium in respect of which the interment rights were sold before the cut-off time but have not been exercised;
(b) a register on the niches in the columbarium in respect of which the interment rights were sold before the cut-off time but have only been exercised partially.
(2) The registers—
(a) must be in the specified form;
(b) must contain the particulars specified by the Licensing Board; and
(c) must be kept in the manner determined by the Licensing Board.

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

25. Requirements about plans accompanying application
(1) For the purposes of section 23(1)(b)(iii), the plans of a columbarium that are to accompany an application for a specified instrument in respect of a columbarium must comply with the requirements in this section.
(2) The plans must include a site plan, layout plan and floor plans, each of which must be in the number of copies, and drawn to the scale, that the Licensing Board requires.
(3) The plans must show the following particulars to be authorized or permitted by the specified instrument under application—
(a) the ash interment layout;
(b) for an application for the issue or renewal of a licence—the ash interment capacity;
(c) for an application for the issue or renewal of an exemption, or for the issue or extension of a temporary suspension of liability, in respect of a pre-cut-off columbarium—the ash interment quantity;
(d) the extent of occupation of land as is necessary for, or ancillary to, the operation of the columbarium;
(e) the structures necessary for, or ancillary to, the operation of the columbarium.
(4) A qualified professional must—
(a) certify that the current site situation of the columbarium premises conforms to the plans in all respects; or
(b) if the current site situation of the columbarium premises does not conform to the plans in all respects—identify the difference, with annotations, on the plans.