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

90. Offences relating to appeals
(1) In relation to an appeal, a person commits an offence if the person—
(a) without reasonable excuse, refuses or fails—
(i) to attend and give evidence when required to do so by the Appeal Board;
(ii) to answer truthfully and completely questions put to the person by the Appeal Board;
(iii) to produce a document that the person is required by the Appeal Board to produce; or
(iv) to comply with any other lawful order, requirement or direction made or given by the Appeal Board or the presiding officer of the Appeal Board; or
(b) disturbs or otherwise interferes with the proceedings of the Appeal Board.
(2) A person commits an offence if the person publishes or otherwise discloses any material in contravention of an order under section 87(1)(e).
(3) A person who commits an offence under subsection (1) or (2) is liable on conviction to a fine at level 5.
(4) It is a defence to a charge for an offence under subsection (2) for the person charged to prove that the person did not know, and had no reason for knowing, that the Appeal Board had made an order under section 87(1)(e) prohibiting the publication or other disclosure of the material concerned.
(5) A person charged with an offence under subsection (2) is to be taken to have established a fact that needs to be established for the purpose of a defence under subsection (4) if—
(a) there is sufficient evidence to raise an issue as to that alleged fact; and
(b) the contrary is not proved by the prosecution beyond reasonable doubt.

91. Chairperson of Appeal Board may make rules and determine practice or procedure
(1) The Chairperson may make rules—
(a) to provide for the lodging of appeals; and
(b) generally for regulating the practice and procedure of the Appeal Board.
(2) Rules made under this section are not subsidiary legislation.
(3) The Chairperson may determine any matter of practice or procedure relating to the hearing of appeals if no provision governing the matter is made in this Ordinance or in rules made under subsection (1).

92. Privileges and immunities of Appeal Board members and witnesses
(1) The Chairperson, a Deputy Chairperson or a panel member performing any functions under this Ordinance is to have the same privileges and immunities as a judge of the Court of First Instance in civil proceedings in that court.
(2) A witness appearing before the Appeal Board is to have the same privileges and immunities of a witness in civil proceedings in the Court of First Instance.

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

93. Delegation and authorization
(1) Subject to subsection (2), the Director may, in writing, delegate to a public officer any of his or her functions or powers under this Ordinance.
(2) The power to delegate conferred by subsection (1) may not be delegated by the Director.
(3) The Director may appoint in writing a public officer as an authorized officer for the purposes of this Ordinance.
(4) When exercising a power or performing a function under this Ordinance, an officer delegated under subsection (1) or an authorized officer—
(a) may be assisted by such persons as the officer reasonably requires; and
(b) must produce the officer’s written delegation or appointment for inspection by any person who reasonably requires to see it.

94. Consultation with other authorities and persons
(1) In this section—
specified person (指明人士) means—(a) the Licensing Board; or
(b) the Director.

(2) If a columbarium’s compliance with another Ordinance is relevant for the purpose of a specified person’s performance of a function under this Ordinance and a person (other authority

95. Guidelines
(1) The Licensing Board may issue guidelines—
(a) indicating the manner in which it proposes to perform its functions under this Ordinance; and
(b) providing guidance on the operation of any provision of this Ordinance.
(2) Without limiting subsection (1), the Licensing Board may issue guidelines—
(a) indicating the considerations it proposes to take into account in making a decision under this Ordinance; and
(b) providing guidance on compliance with a provision of this Ordinance.
(3) The guidelines are not subsidiary legislation.

96. Codes of practice
(1) For providing practical guidance in respect of this Ordinance or conditions imposed under it, the Licensing Board may issue a code of practice setting out principles, procedures, guidelines, standards or requirements in relation to columbaria.
(2) A failure on the part of any person to observe a code of practice issued under subsection (1) does not of itself render that person liable to criminal proceedings of any kind. However, in any civil or criminal proceedings (including proceedings for an offence under this Ordinance), evidence about the failure may be relied on as tending to establish or to negative any liability that is in question in those proceedings.
(3) A code of practice is not subsidiary legislation.

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

97. Management plan
(1) The Licensing Board may require a management plan, submitted for approval for the purposes of section 18(2) in respect of a columbarium, to cover matters that the Licensing Board specifies.
(2) Without limiting subsection (1), the Licensing Board may require the management plan to cover in respect of the columbarium concerned—
(a) the holding capacity for visitors and admission control;
(b) the traffic and public transport arrangement or management;
(c) crowd management;
(d) security management;
(e) manpower deployment on peak grave sweeping days or periods and other days or periods;
(f) a contingency plan in the event of fire or other emergency situations; and
(g) measures to ensure compliance with guidelines and codes of practice issued under sections 95 and 96.

98. Qualified professional
(1) The Licensing Board may by notice in writing specify, either generally or in a particular case or class of cases, either or both of the following to be a qualified professional for the purposes of giving certification, or doing any other thing, as required by a provision of this Ordinance—
(a) an authorized person;
(b) a registered structural engineer.
(2) The notice is not subsidiary legislation.
(3) In this section—
authorized person (認可人士) and registered structural engineer (註冊結構工程師) have the meanings given by section 2(1) of the Buildings Ordinance (Cap. 123).

99. Offence of providing false or misleading information
(1) A person commits an offence if the person—
(a) provides information that is false or misleading in a material particular in, or in connection with, an application the person makes under this Ordinance in respect of a columbarium; or
(b) furnishes the Director, an authorized officer or a public officer with information under this Ordinance knowing that it is false or misleading in a material particular.
(2) A person who commits an offence under subsection (1) is liable on conviction to a fine of $500,000 and to imprisonment for 2 years.