### Chinese Permanent Cemeteries Ordinance 《華人永遠墳場條例》

6. Purposes of the Board
The purposes of the Board are to provide, maintain and administer cemeteries for persons of the Chinese race permanently resident in Hong Kong and their relatives.
(Amended 31 of 1994 s. 5; 11 of 2016 s. 6)

7. Powers of the Board
(1) For the purposes specified in section 6, the Board shall have full power—
(a) to acquire, accept leases of, purchase, take and otherwise hold and enjoy any lands, buildings, messuages or tenements of what nature or kind soever and wheresoever situate; (Amended 74 of 1974 s. 3)
(b) to acquire, by purchase or otherwise, goods and chattels of what nature or kind soever;
(c) to invest moneys in such investments as the Board thinks fit, whether or not such investments are in Hong Kong or are authorized by section 4 of the Trustee Ordinance (Cap. 29); (Replaced 31 of 1994 s. 3)
(d) to grant, sell, convey, assign, surrender, yield up, mortgage, demise, let, reassign, transfer or otherwise dispose of any lands, or buildings, messuages, tenements, mortgages, debentures, debenture stocks, funds, securities, goods and chattels for the time being vested in the Board, upon such terms as the Board may deem fit;
(e) to erect any buildings, messuages or tenements and effect any improvement thereto;
(f) to borrow money upon such terms as the Board shall think fit, and to raise money by public or private subscription; and
(g) generally, to do such other things as may appear to be incidental or conducive to the proper carrying out of the purposes of the Board as set out in this subsection.
(2) In addition to and notwithstanding anything contained in subsection (1), the Board may donate to any charity operating for the benefit of the community of Hong Kong or any sector of that community any moneys vested in it which are or may become surplus to the requirements of the proper management, and administration and maintenance of any Chinese Permanent Cemetery for the time being under the control of the Board. (Amended 31 of 1994 s. 5; 11 of 2016 s. 7)

### Chinese Permanent Cemeteries Ordinance 《華人永遠墳場條例》

7A. Power of the Board to employ manager of investments
(1) The Board may employ any person or body to manage the investment of the moneys of the Board, or any property held by the Board for the purpose of investment.
(2) Where the Board employs a person or body under subsection (1), the Board, or a committee appointed under section 5(1) and expressly authorized in that regard, may from time to time issue in writing to such person or body general or specific directions relating to the performance of his or its functions, and such person or body shall act in accordance with such directions.
(3) The Board shall not be responsible for the consequences of any act or omission of a person or body employed under subsection (1) in good faith if such act or omission is not consistent with any direction given under subsection (2) by the Board or a committee.
(Added 31 of 1994 s. 4)

8. Power of the Board to make rules
(1) The Board may make rules to govern—
(a) the conduct of the internal affairs of the Board; and
(b) the management and use of any Chinese Permanent Cemetery.
(2) Without prejudice to the generality of subsection (1), such rules may—
(a) lay down a scale of fees to be charged on the grant to any person of a right to use or designate a grave space, an urn lot or a niche; (Amended 11 of 2016 s. 8)
(b) regulate the manner of burial and the forms of burial service, ceremonies or rites to be performed in commemoration of the dead;
(c) regulate the dimensions, allocation and use or reservation of grave spaces, urn lots and niches; (Amended 11 of 2016 s. 8)
(d) provide for the termination and cancellation of any right referred to in paragraph (a); (Amended 11 of 2016 s. 8)
(e) provide for the disinterment, removal and cremation of human remains; and (Amended 11 of 2016 s. 8)
(f) provide for the disinterment and removal of human ashes. (Added 11 of 2016 s. 8)
(3) Nothing in this section shall be construed to empower the Board to make any rule—
(a) which derogates from any of the provisions of any by-laws or regulations made pursuant to any of the provisions of the Public Health and Municipal Services Ordinance (Cap. 132) which relate to the control of private cemeteries within the meaning of that Ordinance; or (Amended 10 of 1986 s. 32(1))
(b) the contravention of which shall constitute a criminal offence by any person.

### Chinese Permanent Cemeteries Ordinance 《華人永遠墳場條例》

9. Incorporation of the Board and use of common seal
(1) The Board shall be a body corporate and shall have the corporate name of “The Board of Management of the Chinese Permanent Cemeteries”, and in that name shall have perpetual succession and may sue and be sued in all courts and shall have and may use a common seal bearing such name.
(2) Any deed, document or other instrument requiring the seal of the Board shall be sealed with the common seal and signed by the Chairman and by the Secretary or the Treasurer of the Board or by such other person as the Board may by resolution appoint for that purpose and such signing shall for all purposes be taken as sufficient evidence of the due sealing of such deed, document or other instrument.

10. Accounts
(1) The Board shall cause proper accounts to be kept of all transactions of the Board and shall cause to be prepared for every period of 12 months ending on 31 December, in each year, a statement of the accounts of the Board, which statement shall include an income and expenditure account and a balance sheet.
(2) The accounts of the Board and the statement of the accounts shall be audited by a certified public accountant (practising) as defined by section 2(1) of the Accounting and Financial Reporting Council Ordinance (Cap. 588), not being a member or ex-member of the Board, who shall certify the statement subject to such report, if any, as he may think fit. (Amended 76 of 1973 s. 3; 23 of 2004 s. 56; L.N. 66 of 2022)
(3) The audited statement of accounts together with the auditor’s report, if any, shall thereafter be laid before the Board at the next succeeding annual meeting thereof.

11. Transitional provisions
On the commencement* of this Ordinance—
(a) all those pieces or parcels of land appropriated by the several Deeds of Appropriation to the use of the former Board are deemed to have been appropriated to the use of the Board upon the same terms and conditions upon which they were appropriated to the use of the former Board until the said land be vested in the Board by appropriate leases of the same;
(b) the existing rules governing the maintenance and management of Chinese Permanent Cemeteries made by the former Board shall be deemed to have been made by the Board and shall remain in operation unless and until the same be revoked or replaced by new rules made by the Board pursuant to the provisions of section 8.

Editorial Note:
* Commencement date: 4 December 1964.

### Chinese Permanent Cemeteries Ordinance 《華人永遠墳場條例》

12. Saving
Nothing in this Ordinance shall affect or be deemed to affect the rights of the Central Authorities or the Government of the Hong Kong Special Administrative Region under the Basic Law and other laws, or the rights of any body politic or corporate or any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them.
(Amended 4 of 2000 s. 3)