### Chinese Permanent Cemeteries Rules 《華人永遠墳場規則》

1. Citation
These rules may be cited as the Chinese Permanent Cemeteries Rules.

2. Application
These rules shall apply to the cemeteries specified in the First Schedule and the rules published in the Government Gazette as—
(a) G.N. 60 of 25 January 1933;
(b) G.N. 698 of 13 September 1935;
(c) L.N. 137 of 21 June 1974,
and any other rules which may have been made by the Board are hereby revoked except Rule III of the said rules in G.N. 60 of 25 January 1933 and adopted by G.N. 698 of 13 September 1935 as set out in the Second Schedule.

### Chinese Permanent Cemeteries Rules 《華人永遠墳場規則》

4. Eligibility
(1) The first interment, burial or deposit in an allocated place must only be that of the human remains or ashes of an eligible deceased.
(2) An eligible deceased is a deceased person who, immediately before the person’s death, was—
(a) a person of Chinese race permanently resident in Hong Kong;
(b) a spouse of the person referred to in paragraph (a); or
(c) a child of the person referred to in paragraph (a).
(3) The Board’s decision on whether a deceased person met the description in subrule (2)(a), (b) or (c) is final.
(11 of 2016 s. 11)

5. Consent of Board for burials, deposits and removals
Without the consent in writing of the Board, no person may bury or deposit in, or exhume or remove from, any cemetery any human remains or ashes whether encoffined, in urn or otherwise.
(11 of 2016 s. 12)

6. Reversion of grave spaces allocated
Save for subscriber lots and ordinary lots reserved and allocated prior to 23 December 1960 in respect of Aberdeen Chinese Permanent Cemetery and prior to 11 November 1960 in respect of Tsuen Wan Chinese Permanent Cemetery, any grave space allocated for interment of encoffined human remains not used within 1 month of the date of allocation shall revert to the Board and the fee paid for the grave space, less any cancellation fee, shall be refunded.

6A. Late burials
The Board may permit a late burial in an ordinary lot and may in its discretion charge a late burial fee.
(L.N. 193 of 1978)

7. Allocation and dimension of grave spaces
(11 of 2016 s. 13)(1) Only 1 grave space may be allocated by the Board for the burial of one set of human remains.
(2)  A grave space must not exceed an area of 900 mm by 2400 mm and there must be at least 300 mm interspace between adjacent grave spaces:
Provided that in the digging for any burial no soil within 150 mm of any adjacent space may be disturbed. 
(3) There must be not less than 900 mm depth between any part of a coffin buried in a grave space and the level of the ground adjoining the space. 
(4) Urns containing skeletal remains or ashes must be buried to a depth of not less than 450 mm from the level of the ground adjoining a grave space. 
(L.N. 56 of 1982; 11 of 2016 s. 13)

### Chinese Permanent Cemeteries Rules 《華人永遠墳場規則》

7A. Use of grave spaces
(1) The first interment in a grave space must only be that of the encoffined human remains of an eligible deceased.
(2) Not more than one set of encoffined human remains can be interred in a grave space unless written consent has been given by the Board.
(3) After exhumation, the Board may permit the skeletal remains, or ashes, derived from the exhumed human remains to be reburied in a container in the grave space.
(4) After the first interment referred to in subrule (1), the Board may permit subsequent interments of encoffined human remains, or subsequent burials in containers of skeletal remains or ashes, of other deceased persons in the grave space if—
(a) the human remains, skeletal remains or ashes for a subsequent interment or burial are those of a relative of the eligible deceased;
(b) for an exhumable lot, the unexpired term of the lot is not less than 6 years;

(c) the human remains, skeletal remains or ashes of the eligible deceased are interred or buried in the space; and
(d) the prescribed fee has been paid.
(11 of 2016 s. 14)

8. Certain permits and certificates to be produced at time of interment
In the case of a first interment of encoffined human remains of a person dying in Hong Kong the permittee shall first produce to the Board—
(i) a permit of a police officer issued under the provisions of the proviso to section 16(1) of the Births and Deaths Registration Ordinance (Cap. 174);
(ii) a certificate of registration of death or of a coroner’s order issued under the provisions of section 17(1) of the Births and Deaths Registration Ordinance (Cap. 174); or
(iii) in the case of the body of a still-born child, a certificate, declaration or coroner’s order issued or made under the provisions of section 18 of the Births and Deaths Registration Ordinance (Cap. 174).
In any other case the permission in writing of the Director of Food and Environmental Hygiene.
(L.N. 462 of 1991; 78 of 1999 s. 7)

9. Permission for exhumation
No person shall cause any exhumation without first producing to the Board the permission in writing of the Director of Food and Environmental Hygiene.
(L.N. 462 of 1991; 78 of 1999 s. 7)

### Chinese Permanent Cemeteries Rules 《華人永遠墳場規則》

10. Definition of subscribers privileges
(1) Only a relative of the subscriber may be nominated for burial in a subscriber lot:
Provided that all persons buried in subscriber lots on the day these rules come into effect shall be deemed to be right-fully buried and such graves shall not be disturbed save in accordance with these rules.
(2) Subscriber lots shall not be assigned or transferred whether for valuable consideration or otherwise except on the death of the subscriber by transmission at law to his personal representative and/or trustee upon the registration of his Probate or Letters of Administration with the Board. (L.N. 462 of 1991)
(3) The Board shall have full and absolute power to deal with and to regularise any matter concerning subscriber lots under this rule and may in its discretion charge a rectification fee:
Provided that any rectification fee received, less deductions of the equivalent of the administrative fee, shall be paid over to the General Chinese Charities Fund.

11. Voluntary surrender of subscriber lots
(1) Subscriber lots may be voluntarily surrendered.
(2) Where subscriber lots are voluntarily surrendered, the Board shall reallocate the grave spaces available as ordinary lots and the fees arising, less deductions of the equivalent of the administrative fee, shall be paid over to the General Chinese Charities Fund:
Provided that the donor may specify that the net fees arising from the allocation of a number of such ordinary lots not exceeding the number of subscriber lots surrendered shall be applied to a charity other than the General Chinese Charities Fund so long as such nominated charity is operating for the benefit of persons of the Chinese race in Hong Kong.