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

62. Offence of obstruction of entry, inspection, arrest, etc.
(1) A person commits an offence if the person—
(a) wilfully obstructs the exercise of a power under section 59(2)(a), (c) or (d), 60 or 61; or
(b) without reasonable excuse, fails to produce a book, document or article required to be produced under section 59(2)(b) or furnish information required to be furnished under that section.
(2) A person who commits an offence under subsection (1) is liable on conviction to a fine at level 4 and to imprisonment for 6 months.

63. Disposal of thing seized, removed or impounded
(1) If any thing seized, removed or impounded under section 60(2)(b) (or by the exercise under section 60(3) of the powers referred to in section 60(2)(b)) is required, or likely to be required, for production in evidence in any proceedings under this Ordinance, the Director may retain the thing until the proceedings are abandoned or determined.
(2) The Director must, after the proceedings are abandoned or determined—
(a) return the thing as ordered by the court; or
(b) if no court order is made—give a notice in writing to the owner of the thing, stating that—
(i) the owner may collect the thing from the Director within 60 days after the date of the notice; and
(ii) unless the owner collects the thing within 60 days after the date of the notice, it—
(A) is to become the property of the Government, free from all liens, claims or encumbrances; and
(B) may be sold or otherwise disposed of in a manner that the Director thinks fit.
(3) If the owner of the thing has not collected the thing within the 60 days stated in the notice, the thing—
(a) is to become the property of the Government, free from all liens, claims or encumbrances; and
(b) may be sold or otherwise disposed of in a manner that the Director thinks fit.

64. Enforcement notice
(1) The Director may, by notice (enforcement

65. Interpretation of Part 7
In this Part, a reference to carrying out the prescribed ash disposal procedures is to be construed in accordance with section 7 of Schedule 5.

66. Application of Part 7
This Part applies to any disposal of ashes interred in a columbarium, or abandonment of a columbarium, by a person on or after the enactment date, whether or not the receipt of the ashes for interment in the columbarium or the operation, keeping, management or control of the columbarium by the person occurs before that day.

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

67. General principles
A person disposing of ashes interred in a columbarium must do so having regard to the respect for, and the dignity of, the deceased persons concerned.

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

69. Abandonment of columbarium operated without specified instrument issued
(1) A person who has operated, kept, managed or in any other way had control of a columbarium, in respect of which no specified instrument has been issued, must not abandon the columbarium.
(2) If the Director or an authorized officer suspects that a columbarium in respect of which no specified instrument is issued is not in operation, the Director or authorized officer may give a notice about the suspected abandonment (notice about suspected abandonment

70. Abandonment of columbarium if specified instrument issued
(1) A person (instrument holder

71. Meaning of specified response

72. Columbarium to continue operation if specified response given
If—
(a) a notice about suspected abandonment has been given under section 70 in respect of a columbarium; and
(b) a person whose specified instrument in respect of the columbarium is in force has given a specified response within the meaning of section 71(b),
the person must continue to operate the columbarium.

73. Breach of undertaking to carry out prescribed ash disposal procedures
(1) If—
(a) a notice about suspected abandonment has been given under section 69 or 70; and
(b) a person has given a specified response within the meaning of section 71(c) by giving an undertaking to carry out the prescribed ash disposal procedures,
the person must comply with the undertaking, whether or not the person has ever operated, kept, managed or in any other way had control of the columbarium.
(2) A person referred to in subsection (1)(b) fails to comply with the undertaking referred to in that subsection if the person—
(a) fails to give a commencement of ash disposal notice in accordance with section 8 of Schedule 5 within 30 days after the date on which the undertaking is given; or
(b) fails to take a step specified in a commencement of ash disposal notice at the time specified in that notice for taking that step and in accordance with Part 2 of that Schedule.

74. Offence for contravention of section 68, 69(1), 70(1), 72 or 73
A person who contravenes section 68, 69(1), 70(1), 72 or 73 commits an offence and is liable—
(a) on summary conviction to a fine of $2,000,000 and to imprisonment for 3 years; or
(b) on conviction on indictment to a fine of $5,000,000 and to imprisonment for 7 years.

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

75. Obligations of owner, mortgagee, etc. taking possession of columbarium premises
(1) A person (person in possession

76. Power to carry out steps necessary for disposal of ashes; occupation order
(1) A specified officer may carry out any steps that the officer considers necessary for disposal of ashes in respect of a columbarium if the prescribed ash disposal procedures have, or any step in them has, not been carried out in respect of the columbarium.
(2) Without limiting subsection (1), a magistrate may, on an application by a specified officer and on being satisfied that section 68, 69(1), 70(1), 72, 73 or 75(2) has been contravened in respect of a columbarium, make an order (occupation order

77. Power of court to order return of ashes
(1) The court may, on application, make an order for the return of ashes as provided in section 11 of Schedule 5.
(2) In this section—
court (法院) means the District Court.

78. Further provisions on ash disposal procedures
Part 2 of Schedule 5 (which contains further provisions on ash disposal procedures and the recovery of expenses incurred in connection with the procedures) has effect.

79. Discharge of obligations in respect of disposal of ashes
(1) Subject to section 81, a person to whom an ash disposal requirement applies in respect of a columbarium is discharged from all obligations in respect of the disposal of ashes interred in the columbarium if the person complies with the requirement.
(2) In subsection (1)—
ash disposal requirement (骨灰處置規定) means the requirement under section 68(2)(b), 73 or 75(2) to carry out the prescribed ash disposal procedures.