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

26. Approved plans to be endorsed
(1) The Licensing Board may approve plans of a columbarium for the purposes of an application for a specified instrument only if—
(a) it is satisfied that either—
(i) the current site situation of the columbarium premises conforms to the plans in all respects including the particulars specified in subsection (2); or
(ii) if not, the difference identified on the plans (as required under section 25(4)(b)) is not contradictory to the particulars to be authorized or permitted as mentioned in paragraph (b); and
(b) having regard to sections 17, 18, 19, 20, 21 and 22, the Licensing Board decides to grant the application and authorize or permit the particulars specified in subsection (2) as shown in the plans.
(2) The particulars are—
(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; and
(e) the structures necessary for, or ancillary to, the operation of the columbarium.
(3) On approving the plans, the Licensing Board—
(a) must endorse the approval on each plan in each set of the plans to that effect;
(b) if the Licensing Board endorses the registers required under section 24 that accompany an application for the issue of an exemption—must attach the endorsed registers to the plans;
(c) must return 1 set of the plans to the applicant; and
(d) may retain the remaining sets of plans.

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

28. Notification scheme: proof of particulars about pre-cut-off columbarium
(1) In this section—
(a) operator (營辦人), in relation to a columbarium, means a person who operated, kept, managed or in any other way had control of the columbarium;
(b) eligibility-related provision 

29. Licence—form
(1) A licence in respect of a columbarium—
(a) must be in the specified form; and
(b) must have annexed to it a set of the approved plans.
(2) The licence must state—
(a) that the person to whom it is issued is authorized to operate, keep, manage or in any other way have control of the columbarium; and
(b) that, subject to section 40, the authorization includes an authorization to sell interment rights in respect of the columbarium.
(3) The licence must specify—
(a) the conditions to which it is subject; and
(b) its validity period.

30. Licence—conditions about ash interment, non-compliant structures and management plan
A licence in respect of a columbarium is subject to the following conditions—
(a) that the number of sets of ashes kept in the columbarium must be limited to the ash interment capacity shown in the approved plans;
(b) for a pre-cut-off columbarium—that the non-compliant structures necessary for, or ancillary to, the operation of the columbarium must be limited to the structures certifiable for a pre-cut-off columbarium shown in the approved plans; and
(c) that the licence holder must operate and manage the columbarium in accordance with the approved management plan of the columbarium.

31. Licence—further conditions
Without limiting section 13, the Licensing Board may as it thinks fit impose conditions on a licence in respect of a columbarium—
(a) restricting any subletting or assignment of the columbarium premises, or any part of them, in a manner that is inconsistent with the operation of the columbarium;
(b) requiring that the requirements for enforceability of an agreement for the sale of an interment right under section 49 be met in respect of each agreement for the sale of an interment right in respect of the columbarium;
(c) on measures relating to building safety, fire safety, other safety matters, drainage and sewage, including requiring certificates or reports, by a qualified professional, to be submitted to the Licensing Board at regular intervals; and
(d) on measures for minimizing the environmental nuisance caused to the neighbourhood by the operation of the columbarium.

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

32. Exemption—form
(1) An exemption in respect of a pre-cut-off columbarium—
(a) must be in the specified form; and
(b) must have annexed to it a set of the approved plans.
(2) The exemption must state—
(a) that the person to whom it is issued remains prohibited under section 10 from selling any interment right in respect of the columbarium; and
(b) that, subject to the prohibition referred to in paragraph (a), the person is exempted from the requirement under that section for obtaining a licence for operating, keeping, managing or in any other way having control of the columbarium.
(3) The exemption must specify—
(a) the conditions to which it is subject; and
(b) its validity period.

33. Exemption—conditions about ash interment and non-compliant structures
An exemption in respect of a pre-cut-off columbarium is subject to all of the following conditions—
(a) subject to sections 55 and 57, that the ashes interred in the columbarium must be limited to the ash interment quantity as shown in the approved plans;
(b) that the non-compliant structures necessary for, or ancillary to, the operation of the columbarium must be limited to the structures certifiable for a pre-cut-off columbarium shown in the approved plans.

34. Exemption—further conditions
Without limiting section 13, the Licensing Board may as it thinks fit impose conditions on an exemption in respect of a pre-cut-off columbarium—
(a) on measures relating to building safety, fire safety, other safety matters, drainage and sewage, including requiring certificates or reports, by a qualified professional, to be submitted to the Licensing Board at regular intervals; and
(b) on measures for minimizing the environmental nuisance caused to the neighbourhood by the operation of the columbarium.

35. Temporary suspension of liability—form
(1) A temporary suspension of liability in respect of a pre-cut-off columbarium—
(a) must be in the specified form; and
(b) must have annexed to it a set of the approved plans.
(2) The temporary suspension of liability must state—
(a) that the person to whom it is issued remains prohibited under section 10 from selling any interment right in respect of the columbarium; and
(b) that, subject to the prohibition referred to in paragraph (a), the person’s liability under that section for operating, keeping, managing or in any other way having control of the columbarium without a licence is suspended temporarily.
(3) The temporary suspension of liability must specify—
(a) the conditions to which it is subject; and
(b) its validity period.