Replies to LegCo questions
LCQ14: Private columbaria
Following is a question by the Hon Lau Kong-wah and a written reply by the
Secretary for Food and Health, Dr York Chow, in the Legislative Council today
(November 19):
Question:
Regarding the regulation of commercially-operated private columbaria, will the
Government inform this Council:
(a) whether it has assessed if the number of niches currently provided by the
Government in various districts can meet the demand;
(b) whether it knows the existing number of private columbaria;
(c) of the number of enquiries or complaints about private columbaria received
over the past three years and the follow-up actions taken;
(d) whether it has studied if the number of private columbaria is on the
increase; and
(e) whether it will consider establishing a licensing system to regulate private
columbaria; if it will not, of the reasons for that?
Reply:
President,
On five parts of the question raised by the Member, our reply is as follows -
(a) There are eight cemeteries under the Food and Environmental Hygiene
Department (FEHD) providing a total of about 146,000 niches for allocation to
the public on application. At present, the public niches provided by FEHD have
all been sold. It is anticipated that about 59,000 new public niches will be
available in the coming five years, while the projected number of cremations
over the same period of time will amount to about 195,000. The progress in
providing new public columbaria is primarily constrained by the limited land
resources in Hong Kong and the strong objections from local residents against
columbarium developments. As a result, a number of projects could not commence.
In fact, apart from public niches, niches are also provided by the
non-governmental Board of Management of the Chinese Permanent Cemetery (BMCPC),
cemeteries managed by religious bodies such as Catholic, Protestant and Buddhist
organisations and in premises managed by private entities (e.g. Po Fook Hill at
Sha Tin, monasteries, nunneries, etc.). Moreover, the public could also opt to
handle the cremains of their ancestors through alternative means, such as
scattering the cremains at the sea or in Gardens of Remembrance.
(b) The Government does not maintain comprehensive statistics on the number of
private columbaria.
(c) FEHD has received a total of 17 enquiries or complaints from members of the
public against private columbaria since 2006. After receiving a complaint, FEHD
will investigate if the operation of the private columbarium concerned has
caused any environmental hygiene problems, and will also refer the case to the
land authority for follow-up action on whether land use requirements have been
violated.
Departments handling lands and planning issues receive from time to time
enquiries or complaints, including those referred from other government
departments, about private columbaria encroaching on government land,
contravening the Town Planning Ordinance (TPO), or operating in unauthorised
building works. However, the departments have not maintained any actual
statistics on the number of such complaint cases received directly or indirectly
through other channels (such as the media). The relevant departments will
exercise the powers conferred upon them by the land lease, TPO and the Buildings
Ordinance, and take action against any unauthorised building works or
unauthorised developments contravening the planned use or the land lease, or
posing imminent danger to life or property, in accordance with established
procedures.
(d) As mentioned in part (b), the Government does not maintain comprehensive
statistics on the number of private columbaria. It is also uncertain as to
whether there has been an increase in the number of private columbaria. That
said, it is understandable that the community has a certain demand for private
columbaria, as private columbaria offer value-added services that public
columbaria do not provide, such as daily incense and offerings. As a matter of
fact, public columbaria could only provide a limited number of niches.
(e) Storage of cremains does not give rise to any public health concerns. Hence,
the Government has not enacted any legislation to regulate private columbaria
from this perspective.
Other relevant departments will handle issues, enquiries and complaints relating
to private columbaria in accordance with legislation and administrative
procedures under their purview.
Ends/Wednesday, November 19, 2008
Issued at HKT 12:56
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