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

44. Notification of changes
(1) If—
(a) a person has made an application for a specified instrument; and
(b) a change occurs that materially affects the accuracy of the information that the person has provided in connection with the application,
the person must notify the Licensing Board of the change, in writing, within 14 days after the date on which the change occurs.
(2) A change referred to in subsection (1)(b) includes (but is not limited to) a change of any director, manager, secretary or other similar officer of the applicant.
(3) If—
(a) a specified instrument has been issued, renewed or extended; and
(b) a change occurs that materially affects the accuracy of the information that the holder of the specified instrument has provided in connection with the application on the basis of which the specified instrument has been issued, renewed or extended, the holder must—
(i) notify the Licensing Board of the change, in writing, within 14 days after the date on which the change occurs; and
(ii) provide the information required by the Licensing Board within the time specified by it.
(4) A change referred to in subsection (3)(b) includes (but is not limited to) a change of any director, manager, secretary or other similar officer of the holder of the specified instrument.
(5) If the holder of a specified instrument in respect of a columbarium decides to cease operating the columbarium, the holder must notify the Licensing Board of the decision, in writing, within 14 days after the date of the decision.
(6) A person who contravenes subsection (1), (3) or (5) commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 3 months.

45. Further provisions on applications relating to specified instruments
Schedule 3 (which contains further provisions on applications relating to specified instruments under this Part) has effect.

46. Certificate of columbarium use
(1) As soon as the Licensing Board has issued a specified instrument to a person (instrument holder

47. Register of private columbaria
(1) The Licensing Board must keep a register of private columbaria, listing each columbarium in respect of which a specified instrument is in force.
(2) The register is to be kept in the form, and containing the particulars, that the Licensing Board considers appropriate.
(3) The Licensing Board may keep separate parts under the register in respect of different types of columbaria.
(4) The register—
(a) must be kept at a place determined by the Licensing Board; and
(b) must be available for inspection by the general public during normal office hours free of charge.

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

48. Interpretation of Division 1 of Part 5
(1) In this Division—
purchaser (買方)—see section 49(1);
seller (賣方)—see section 49(1).
(2) This Division applies to an agreement for the sale of an interment right entered into on or after the enactment date.

49. Certain agreement for sale of interment right unenforceable against purchaser
(1) This section applies if a person (seller

50. Cancellation of unenforceable agreement
(1) A purchaser under an agreement that is not enforceable under section 49(2) or (3)(a), (b) or (c) may cancel the agreement at any time after it is entered into by giving the seller a written notice of cancellation.
(2) A purchaser under an agreement that is not enforceable under section 49(3)(d), (e), (f), (g), (h) or (i) may cancel the agreement within 6 months after the date of the agreement by giving the seller a written notice of cancellation.
(3) A seller who receives a notice of cancellation under subsection (1) or (2) must, within 30 days after the date of receiving the notice, refund to the purchaser all money received under the agreement.
(4) If the interment right has been exercised, subsections (1), (2) and (3) apply subject to the term of the agreement referred to in section 49(3)(e).
(5) This section applies in the case of a transfer approved under section 39 as if a reference to seller in subsections (1), (2) and (3) were a reference to the transferee within the meaning of section 39(2).

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

51. Record keeping
(1) A person holding a licence in respect of a columbarium must keep copies of all agreements for the sale of interment rights in respect of the columbarium (including agreements avoided or cancelled) until the expiry of 6 years beginning on the date the agreement is fully performed or is avoided or cancelled.
(2) A person holding a licence in respect of a columbarium—
(a) must keep a register of agreements for the sale of interment rights in respect of the columbarium; and
(b) must enter the specified particulars of each of the agreements into the register within the specified period.
(3) A person holding a licence in respect of a columbarium must make the copies of agreements kept under subsection (1), and the register kept under subsection (2), in respect of the columbarium available for inspection, on request, by the Director or an authorized officer.
(4) A person holding a specified instrument in respect of a columbarium must keep a record—
(a) on interment and disinterment of ashes in and from the columbarium; and
(b) of the contact details of—
(i) authorized representatives; and
(ii) purchasers of the interment rights,
in respect of ashes interred in the columbarium.
(5) A person holding a specified instrument in respect of a columbarium must make the record kept under subsection (4) in respect of the columbarium available for inspection, on request, by the Director or an authorized officer.
(6) A person who contravenes subsection (1), (2), (3), (4) or (5) commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months.
(7) In subsection (2)(b)—
specified (指明) means specified by the Licensing Board.

52. Specified instruments and notices to be exhibited
(1) A person who holds a specified instrument in respect of a columbarium must exhibit it at a conspicuous place in the columbarium.
(2) A person who holds an exemption or temporary suspension of liability in respect of a pre-cut-off columbarium must exhibit at a conspicuous place in the columbarium a notice to the effect that any sale of an interment right in respect of the columbarium is an offence under section 11.
(3) A person must not—
(a) alter, deface or make any erasure on a specified instrument; or
(b) use, or have in the person’s possession with a view to using, a specified instrument on which an erasure has been made or which has been wilfully altered or defaced in any way.
(4) A person who contravenes subsection (1), (2) or (3) commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 3 months.

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

53. No alteration or addition in material deviation from approved plans, etc.
(1) Except with the written permission of the Licensing Board, a person holding a specified instrument in respect of a columbarium must not cause or permit any alteration or addition to the columbarium premises that would result in material deviation from the approved plans of the columbarium.
(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months.
(3) An application for permission for the purposes of subsection (1) must be accompanied by plans that comply with the requirements in section 25 and, where appropriate, section 27(2).
(4) On determining an application for permission 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.