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

123C. Regulations as to public funeral halls
The Authority may make regulations in relation to public funeral halls prescribing or providing for—
(a) the reception, treatment and custody of human remains; 
(b) the management and operation of public funeral halls including the exclusion or removal of persons therefrom; 
(c) (Repealed 49 of 1994 s. 34) (d) the persons by whom and the conditions upon which the facilities of public funeral halls may be used; 
(e) the maintenance of good order in public funeral halls. 
(Added 3 of 1978 s. 2)

124. Right of Authority to dispose of unclaimed dead bodies
(1) Where a person who has the right to effect the disposal of the human remains of any person—
(a) within the period of 48 hours after the human remains are received into any mortuary—
(i) has not made to the person having the management or control of the mortuary a claim to possession thereof; or 
(ii) abandons the right to effect the disposal thereof; or 
(b) having made a claim to possession of the human remains within such period of 48 hours, does not take possession of the human remains and remove them from the mortuary within 48 hours after he has made the claim, 
the right to effect the disposal of the human remains shall vest in the Authority, and the Authority may arrange for the disposal of them in any manner it may think fit. (Replaced 48 of 1969 s. 9) 
(2) Any person who knowingly disposes of the human remains, or any part of the human remains, of any person from any mortuary otherwise than in accordance with a claim made by a person having a right to make the same or in accordance with a direction, or with the consent, of the Authority shall be guilty of an offence: 
Provided that nothing in this subsection shall make it an offence to transfer the human remains of a person into a mortuary belonging to the Government from a mortuary not so belonging.

124A. Government and private crematoria
(1) The places specified in Part 5 of the Fifth Schedule shall be Government crematoria. 
(2) The places specified in Part 6 of the Fifth Schedule shall be authorized private crematoria. 
(3) The places specified in Part 7 of the Fifth Schedule shall be Gardens of Remembrance. 
(4) The Authority may, by order published in the Gazette, amend, add to or delete from Parts 5, 6 and 7 of the Fifth Schedule. (Amended 9 of 1976 s. 13) 
(Added 21 of 1973 s. 9. Amended E.R. 1 of 2013)

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

124B. Management of Government crematoria and Gardens of Remembrance
The management and control of Government crematoria and Gardens of Remembrance shall be vested in the Authority. 
(Added 21 of 1973 s. 9)

124C. Use of crematoria
No building or place shall be used as a crematorium other than—
(a) a Government crematorium; 
(b) an authorized private crematorium; or 
(c) a building or place in respect of which the Authority shall have granted special and written permission, upon such terms and conditions as it thinks fit, to some person, society or institution to use the same for the cremation of the human remains or class of human remains specified in such permit. 
(Added 21 of 1973 s. 9)

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

124D. Provision for hearing objections where application for crematorium in certain locations or adding facilities in an existing crematorium
(1) Where application is made under section 124C(c) for the permission of the Authority to use for the burning of human remains any building or place nearer to any dwelling house than 200 m or within 50 m of any public highway, or application is made for the permission of the Authority to add any facility which is directly related to the burning of human remains in a building or place referred to in section 124C(b) or (c) the Authority shall cause notice of the application specifying the site and facility to be published, at the expense of the applicant, in English and Chinese in 3 successive numbers of the Gazette. (Amended L.N. 89 of 1979)
(1A) Where the Authority intends to add any facility which is directly related to the burning of human remains in an existing government crematorium, the Authority shall cause notice of such decision, specifying the site and facility to be added, to be published in English and Chinese in 3 successive numbers of the Gazette. (Added 78 of 1999 s. 7)
(2) If any person objects to the grant of permission or to the addition, in any case to which subsection (1) or (1A) is applicable, objection must be sent in writing to the Authority to reach its office not later than 1 week after the publication of the last of such notices.
(3) Every such objection together with any evidence that may be tendered by the objector and the applicant or their representatives shall be considered by the Authority before deciding whether or not to grant the application or make the addition.
(4) The Authority shall give notice in writing of its decision, together with reasons, to the applicant and any objector as soon as practicable after a decision is made. (Replaced 78 of 1999 s. 7)
(5) An applicant under subsection (1) or an objector under subsections (1) and (1A), may appeal to the Municipal Services Appeal Board against the decision of the Authority within 30 days of the date of the notice. (Added 78 of 1999 s. 7)
(Added 21 of 1973 s. 9. Amended 78 of 1999 s. 7)