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

5. Ordinance not applicable to premises where ash transforming work is carried out
(1) This Ordinance does not apply to any premises that are used for carrying out the transformation work in respect of any ashes (workplace) if—
(a) the workplace is not situated within any columbarium premises;
(b) the keeping of ashes in the workplace is transient and incidental to the carrying out of the transformation work;
(c) no interment right in respect of the workplace is sold;
(d) no person may be allowed to pay worship, and no ritual offerings may be given, in the workplace to any deceased person; and
(e) the person operating, keeping, managing or in any other way having control of the workplace—
(i) has kept a register of the delivery of ashes and synthetic materials to and from the workplace;
(ii) has entered the following particulars into the register—
(A) the name of each deceased person whose ashes are delivered to the workplace, and the date of the delivery of those ashes to the workplace; and
(B) the description of the synthetic material that the ashes of each deceased person are transformed into, and the date of the delivery of the synthetic material and the remaining ashes (if any) from the workplace; and
(iii) makes the register available for inspection, on request, by the Director or an authorized officer.
(2) In this section—
synthetic material (人造物料), in relation to any ashes, means the synthetic diamond, jewellery, ornament or other material transformed from the ashes or part of the ashes;
transformation work (轉化工序), in relation to any ashes—(a) means the manufacturing process by which the ashes, or part of the ashes, are transformed into synthetic material; and
(b) includes any activity that is ancillary to any such manufacturing process (such as the delivery and collection of the ashes or the synthetic material).

(3) In this section, a reference to giving ritual offerings includes a reference to—
(a) the laying of flowers or wreaths; or
(b) the burning of candle-sticks, joss paper, incense or sacrificial articles.

6. Ordinance not applicable to premises where transient exhibition of ashes is held
This Ordinance does not apply to any premises during the time when an exhibition of ashes is held in, on or at them if—
(a) the exhibition is held for a period of not more than 14 days;
(b) ashes are kept in, on or at the premises only for the purpose of the exhibition;
(c) no more than 10 containers of ashes are kept in, on or at the premises;
(d) each container contains, or is claimed, represented or held out to be containing, the ashes of only 1 person; and
(e) no interment right in respect of the premises is sold.

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

7. Ordinance not applicable to domestic keeping of ashes
(1) This Ordinance does not apply to the keeping of ashes in any domestic premises if—
(a) no more than 10 containers of ashes are kept in the premises; and
(b) each container contains, or is claimed, represented or held out to be containing, the ashes of only 1 person.
(2) In this section—
domestic premises (住宅) means premises used solely or principally for residential purposes and constituting a separate household unit.

8. Establishment of Licensing Board
(1) A board is established with the name “Private Columbaria Licensing Board” in English and “私營骨灰安置所發牌委員會” in Chinese.
(2) Schedule 1 (which makes provisions about the constitution, administration and proceedings of the Licensing Board) has effect.

9. Functions and powers of Licensing Board
(1) The functions of the Licensing Board are—
(a) to regulate the operation and management of columbaria and, in particular—
(i) to consider and determine applications made to it under this Ordinance;
(ii) to issue guidelines and codes of practice about the operation and management of columbaria; and
(iii) to handle complaints against, and investigate into irregularities of, operators of columbaria and to exercise the power to revoke or suspend a specified instrument or other disciplinary powers under this Ordinance; and
(b) to do any other things that the Licensing Board is required or authorized to do by this Ordinance.
(2) The Licensing Board has all ancillary powers that may be necessary to enable it to perform its functions.

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

10. Restriction on operating columbarium
(1) A person must not operate, keep, manage or in any other way have control of a columbarium, otherwise than under a licence.
(2) Subsection (1) does not prohibit a person from operating, keeping, managing or in any other way having control of a columbarium, otherwise than under a licence, if—
(a) the person does not sell any interment right in respect of the columbarium; and
(b) the person holds, in respect of the columbarium—
(i) an exemption; or
(ii) a temporary suspension of liability.
(3) If—
(a) a specified instrument in respect of a columbarium; or
(b) an authorization under a licence to sell interment rights in respect of a columbarium,
is suspended, a person who operates, keeps, manages or in any other way has control of the columbarium under the specified instrument or licence does not contravene subsection (1) in respect of the columbarium if all the requirements, terms and conditions imposed by the Licensing Board upon suspending the specified instrument or authorization are complied with.
(4) A person does not contravene subsection (1) in respect of a columbarium merely by giving an undertaking to carry out the prescribed ash disposal procedures (within the meaning of section 7 of Schedule 5) in respect of the columbarium and actually carrying out the procedures.

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

11. Offences relating to section 10
(1) If a person contravenes section 10(1) in respect of a columbarium—
(a) the person commits an offence; and
(b) each person who is the owner, tenant, lessee or person in charge of the columbarium premises commits an offence.
(2) A person who commits an offence under subsection (1) 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.
(3) A person charged with an offence under subsection (1) in respect of any premises has a defence if the person establishes that, at the time of the alleged offence—
(a) the person did not know and could not have reasonably known that the premises concerned were a columbarium; or
(b) the person believed on reasonable grounds that the person who operated, kept, managed or otherwise had control of the columbarium—
(i) did so under a licence; or
(ii) did not sell any interment right in respect of the columbarium and held, in respect of the columbarium, an exemption or temporary suspension of liability.
(4) A person charged with an offence under subsection (1) is to be taken to have established a fact that needs to be established for the purpose of a defence under subsection (3)(a) or (b) 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.
(5) Subsection (1) has effect subject to section 75(1).