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

100. Liability of directors, partners, etc. for offences
(1) If—
(a) a body corporate commits an offence under this Ordinance; and
(b) it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate,
the director, manager, secretary or other similar officer commits the like offence.
(2) If—
(a) a partner in a partnership commits an offence under this Ordinance; and
(b) it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any other partner in the partnership or any other person concerned in the management of the partnership,
the other partner or the other person concerned in the management of the partnership commits the like offence.
(3) If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.
(4) If—
(a) a member of an unincorporated body commits an offence under this Ordinance; and
(b) it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any other member or any manager, secretary or other similar officer of the unincorporated body,
the other member or the manager, secretary or other similar officer commits the like offence.

101. Time limit for prosecution
Despite section 26 of the Magistrates Ordinance (Cap. 227), proceedings may be instituted for an offence, other than an indictable offence, under this Ordinance within 12 months after the offence is discovered by, or comes to the notice of, the Licensing Board or the Director.

102. Fees
(1) The fee for an item specified in column 2 of Schedule 6 is payable at the time specified in column 3 of that Schedule in the amount specified in column 4 of that Schedule opposite to that item.
(2) A fee paid under this section is not refundable.

103. Amendment of Schedules
(1) The Licensing Board may, with the approval of the Secretary, by notice published in the Gazette, amend Schedule 3 or 4 or Part 2 of Schedule 5.
(2) The Secretary may, by notice published in the Gazette, amend Schedule 1, 6 or 7.

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

104. Regulations
(1) The Secretary may make regulations—
(a) providing for any matter required or permitted to be prescribed under this Ordinance; or
(b) providing for matters that are necessary or expedient to give effect to the provisions of this Ordinance.
(2) Without limiting subsection (1), the Secretary may make regulations—
(a) providing for principles, procedures, guidelines, standards or requirements about the operation and management of a columbarium, including additional duties required of an applicant for or holder of a specified instrument;
(b) restricting any subletting or assignment of the columbarium premises, or any part of them, in a manner that is inconsistent with the operation of a columbarium;
(c) requiring that the requirements for enforceability of an agreement for the sale of an interment right under section 49 be met in respect of each agreement for the sale of an interment right in respect of the columbarium;
(d) restricting the imposition of any additional fees, charges or other sums in respect of an interment right beyond the amounts, or not in accordance with any mechanism for their future revision, specified or otherwise contained in any agreement for the sale of the interment right entered into before the cut-off time;
(e) providing for measures relating to building safety, fire safety, other safety matters, drainage and sewage, including requiring certificates or reports, by a qualified professional, to be submitted to the Licensing Board at regular intervals;
(f) providing for measures for minimizing the environmental nuisance caused to the neighbourhood by the operation of a columbarium; or
(g) providing for any principles, procedures, guidelines, standards or requirements relevant to any provisions of this Ordinance.
(3) Regulations made under this Ordinance may—
(a) be of general application or make different provisions for different cases or classes of cases; or
(b) contain any incidental, consequential, evidential, transitional, saving or supplementary provisions that the Secretary thinks fit.
(4) Regulations under this section may provide that a contravention of a regulation is an offence and may prescribe penalties for it of a fine not exceeding level 6 and imprisonment not exceeding 2 years.

105. Licensing Board not servant or agent of Government
The Licensing Board is not a servant or agent of the Government and does not enjoy any status, immunity or privilege of the Government.

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

106. Immunity from civil liability
(1) A person to whom this subsection applies is not civilly liable for an act done or omitted to be done by the person in good faith—
(a) in performing or purportedly performing a function of the person under this Ordinance; or
(b) in exercising or purportedly exercising a power of the person under this Ordinance.
(2) Subsection (1) applies to—
(a) a member of the Licensing Board;
(b) a member of a committee of the Licensing Board;
(c) a member of the staff of the Licensing Board; and
(d) the Director, an authorized officer or any other public officer.
(3) In relation to a person referred to in subsection (2)(d), an act referred to in subsection (1) includes taking possession of, breaking open, seizing, removing, impounding or disposing of property.
(4) Subsection (1) does not in any way affect any liability of the Government in respect of an act or omission of a public officer.

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

108. Transitionals
The transitional provisions as set out in Schedule 7 have effect.

109. Other Ordinances, law and liabilities not affected, unless expressly provided otherwise
(1) Subsections (2), (3) and (4) apply, except as expressly provided to the contrary in this Part.
(2) The requirements under this Ordinance are in addition to and do not derogate from any requirement under any other Ordinance or law.
(3) A specified instrument—
(a) has effect solely for the purposes of this Ordinance;
(b) does not, to any extent, negate liability of any description for any contravention of any other Ordinance or law; and
(c) does not, to any extent, negate liability of any description arising—
(i) under an instrument affecting land, whether or not the Government is a party to the instrument;
(ii) from an agreement, whether or not the Government is a party to the agreement;
(iii) in tort, whether or not the tort is committed against the Government; or
(iv) in any other manner.
(4) That any function is conferred on or performed by a person under this Ordinance does not, to any extent, affect any function conferred on or performed by a person under any other Ordinance or law.