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

12. Interpretation of Part 4
In this Part—
ash interment capacity (骨灰安放容量), in relation to a columbarium in respect of which a licence is applied for or is issued, means the following particulars—(a) the maximum number of containers of ashes that may be interred in each niche in the columbarium, and the total maximum number of sets of ashes that may be interred in the niches;
(b) the total maximum number of sets of ashes that may be interred otherwise than in niches in any area in the columbarium; and
(c) the total maximum number of sets of ashes that may be interred in the columbarium;

ash interment layout (骨灰安放布局), in relation to a columbarium, means the following particulars—(a) the location and serial numbering of niches in the columbarium;
(b) any area in the columbarium in which ashes may be interred otherwise than in niches; and
(c) if an exemption is applied for or is issued in respect of the columbarium that is a columbarium of a Chinese temple as referred to in section 57—the location of the religious ash pagoda (as defined by section 57(14));

ash interment quantity (骨灰安放數量), in relation to a columbarium, means the following particulars—(a) the number of containers of ashes interred in each niche in the columbarium and the total number of sets of ashes interred in the niches;
(b) the number of sets of ashes that are interred otherwise than in niches in any area in the columbarium; and
(c) the total number of sets of ashes that are interred in the columbarium.

13. Licence, exemption and temporary suspension of liability
The Licensing Board may, on application and subject to any conditions that the Licensing Board thinks fit to impose in addition to the conditions mentioned in section 30, 33 or 36 (as the case requires)—
(a) issue or renew a licence in respect of a columbarium;
(b) issue or renew an exemption in respect of a pre-cut-off columbarium; or
(c) issue or extend a temporary suspension of liability in respect of a pre-cut-off columbarium.

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

14. Time limit for application for specified instrument
(1) Subject to subsection (2), an application for the issue of a licence in respect of a columbarium may be made to the Licensing Board at any time after the expiry of 6 months beginning on the enactment date.
(2) An application for the issue of a specified instrument in respect of a pre-cut-off columbarium must be made to the Licensing Board at any time—
(a) after the expiry of 6 months beginning on the enactment date; but
(b) before the expiry of 9 months beginning on that date.
(3) An application for the renewal of a licence or exemption must be made to the Licensing Board not later than 18 months before the expiry of the validity period of the licence or exemption (as the case requires).
(4) Subject to subsection (5), an application for the extension of a temporary suspension of liability must be made to the Licensing Board not later than 12 months before the expiry of the validity period of the temporary suspension of liability.
(5) If the validity period of a temporary suspension of liability does not exceed 12 months, an application for the extension of the temporary suspension of liability must be made to the Licensing Board not later than the date specified by it.
(6) Despite subsections (2), (3), (4) and (5), the Licensing Board may consider an application for a specified instrument out of time if—
(a) the applicant has a reasonable excuse for failing to make the application within time; and
(b) in all the circumstances of the case, the Licensing Board considers that it is just and equitable to consider the application.

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

15. Validity period of specified instrument
(1) The Licensing Board may, in its discretion, determine the term for which the specified instrument is issued, renewed or extended (validity period).
(2) The validity period of a licence must not exceed the shorter of the following—
(a) where—
(i) the columbarium premises are held directly from the Government under a lease—the remainder of the term of the lease; or
(ii) the columbarium premises are occupied under a tenancy—the remainder of the term of the tenancy;
(b) 10 years.
(3) The validity period of an exemption must not exceed—
(a) where the columbarium premises are held directly from the Government under a lease—the remainder of the term of the lease; or
(b) where the columbarium premises are occupied under a tenancy—the remainder of the term of the tenancy.
(4) The validity period of a temporary suspension of liability must not exceed 3 years.
(5) Subject to subsections (2)(b) and (4), where the columbarium premises are occupied under a short term tenancy granted by the Government, the validity period of a specified instrument issued, renewed or extended in respect of the premises may be concurrent with the period for which the short term tenancy lasts.
(6) A licence may be subject to review within its validity period on the dates specified in the licence.
(7) A temporary suspension of liability may not be extended more than once, unless exceptional circumstances exist.

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

16. Specified instrument in force despite certain events
(1) A specified instrument remains in force despite a suspension under section 40 if all the requirements, terms and conditions imposed by the Licensing Board upon suspending the instrument (suspension requirements) are complied with.
(2) For the purposes of sections 47, 59 and 70, a specified instrument is also regarded as in force despite a suspension under section 40 even if the suspension requirements are not complied with.
(3) A specified instrument remains in force despite the expiry of its validity period if—
(a) the following application was made before the expiry—
(i) an application under section 14 for the renewal or extension of the instrument; or
(ii) an application under section 39 for the transfer of the instrument; and
(b) the instrument expires before the Licensing Board determines the application.
(4) However, the specified instrument remains in force only until the earlier of the following—
(a) the determination of the application;
(b) the occurrence of any of the following events—
(i) the withdrawal of the application;
(ii) the revocation of the instrument under section 40;
(iii) if the instrument is a licence—the expiry of the term referred to in section 15(2)(a)(i) or (ii);
(iv) if the instrument is an exemption—the expiry of the term referred to in section 15(3)(a) or (b).
(5) A specified instrument remains in force despite the death or dissolution of its holder.
(6) In this section—
specified instrument (指明文書), in relation to a specified instrument that is a licence, does not include any authorization under the licence to sell interment rights.