Replies to LegCo questions

LCQ1: Demand and supply for columbarium facilities

Following is a question by the Hon Ronny Tong and an oral reply by the Secretary for Food and Health, Dr York Chow, in the Legislative Council today (October 21):

Question:

With an ageing population in Hong Kong, there is an increasing demand for columbarium facilities. It has been reported that at present, about 40,000 people died in Hong Kong each year, and 90% of the dead bodies are cremated. According to the information provided by the Administration to this Council in 2007, there was a shortfall in the supply of public columbarium niches, and the Government could only provide 57,000 additional niches in the next decade. As the supply is far from adequate to meet the demand, members of the public have turned to private columbarium facilities. It has also been reported that numerous problems have arisen because of the lack of regulation of private columbarium facilities by the Government. In this connection, will the Government inform this Council:

(a) how the Government assesses the demand and supply situation of columbarium niches in the next decade, including the estimated number of deaths, the number of new niches the Government can provide and the number of new niches which can be provided in the private sector; what plans the Government has in place to address the shortfall of columbarium niches;

(b) of the permitted sites for the construction of private columbarium facilities under the current planning standards and land leases; what criteria are adopted by the Government for vetting and approving planning applications for the construction of columbarium facilities, and what restrictions are imposed on the construction of such facilities; and

(c) whether the Government will consider formulating comprehensive policies and amending the law to comprehensively regulate the site allocation, construction, planning, management and charges, etc of columbarium facilities, so as to enable the construction of such facilities at appropriate locations and, at the same time, safeguard the interests of consumers?

Reply:

President,

The Administration has all along been paying close attention to the usage and demand of public columbarium facilities and will continue to actively identify suitable locations for the development of these facilities in different areas in Hong Kong. However, whenever the Administration conducts local consultation on proposals to develop columbaria, the local communities and District Councils concerned always raise objection. Over the past few years, a number of columbarium projects involving over 240,000 niches have been shelved as a result. Given the resistance of the local communities, the development of public columbaria has often become an uphill task for the Administration. Our reply to the three parts of the question is as follows:

(a) Based on past data, the annual total numbers of deaths and cremations in the next 10 years (i.e. from 2010 to 2019) are estimated to be about 47,700 and 43,900 respectively.

The Administration has put up for allotment a total of 21,875 public columbarium niches in Kwai Chung and Diamond Hill this year. These niches can accommodate 47,082 urns. In July 2009, funding approval was obtained from the Finance Committee of the Legislative Council for the construction of a new public columbarium within the Wo Hop Shek Cemetery. The project will provide some 41,000 new columbarium niches, which can accommodate about 82,000 urns, for use in 2012. In addition, each year some 100 used public columbarium niches are offered for allotment to applicants on the waiting list.

Apart from public niches, a total of some 39,000 niches are currently provided by the non-governmental Board of Management of the Chinese Permanent Cemeteries, and cemeteries managed by Catholic, Protestant, Buddhist and other religious bodies. In addition, 21,000 newly-built niches will be provided in the coming two years. Niches are also provided in premises managed by private entities, the statistics of which are not maintained by the Administration.

We will try to increase the number of niches in newly-built columbaria through flexible design. We will also make active efforts to improve their outlook and layout to ease the concerns and anxiety of the residents. We will advise and encourage the public to make better use of the existing niches, which, depending on their types, can accommodate two to four urns for holding the ashes of deceased persons with kinship.

Moreover, since 2007, the Administration has been actively promoting alternative ways of disposal of cremains, such as scattering cremains in Gardens of Remembrance or in designated Hong Kong waters. The number of such applications has risen markedly in the past two years. The number of applications for scattering cremains of the deceased in designated local waters increased from 160 in 2007 to 243 in 2008, whereas that for scattering cremains in Gardens of Remembrance has more than doubled from 175 in 2007 to 383 in 2008. We will step up the efforts to promote such alternative ways of disposal of cremains and improve the complementary measures. This will call for changes in our social customs.

(b) As advised by the Development Bureau, under the existing Town Planning Ordinance (TPO), same as other development purposes, any columbarium development must conform with the land use zoning specified in the statutory outline zoning plan (OZP) for the site concerned. According to the Notes of OZPs, if a site is zoned for "Other Specified Uses" annotated "Cemetery" or "Crematorium, Columbarium, Funeral Services Centre and Open Space", "columbarium" use is usually permitted as of right and planning permission from the Town Planning Board (TPB) is not required. On some OZPs, "columbarium" is included as a Column 2 use under the Notes for "Government, Institution or Community" and/or "Green Belt" zones. If these sites are to be developed for "columbarium" use, planning permission must be applied for from the TPB. For development of "columbarium" facilities on sites other than those covered above, an application to rezone the site must be submitted to the TPB.

In processing the planning applications for development of columbarium facilities, the TPB will normally take into account all relevant planning considerations, including land use compatibility, traffic and environmental impacts, as well as views from relevant government departments and public comments on the application. Depending on the circumstances of each case, the TPB can also impose certain planning conditions relating to the traffic arrangement or landscaping when granting the planning permission.

As for land leases mentioned in the question, compliance with the requirements under land lease is also needed for development and operation of private columbarium facilities. The requirements vary, depending on the condition of individual leases, and cannot be generalised. If an application is received from an owner for modification of lease conditions for the provision of columbarium facilities, the District Lands Office concerned will circulate the application and the information submitted with the development proposal to all relevant policy bureaux and government departments for advice. If an application for the proposed provision of columbarium facilities conforms with the land use zoning or has obtained planning permission and is considered feasible by the relevant government departments, the District Lands Office concerned will include the appropriate requirements and conditions in the draft document for lease modification, taking into account the views of the policy bureaux and departments. Subject to the restrictions of individual land lease, the owner/applicant is also required to pay land premium where the lease modification confers an increase in land value.

(c) The storage of human ashes which were cremated at high temperature does not give rise to any public health and environmental hygiene concerns. Therefore, solely from the perspectives of public health and environmental hygiene, there is no need to regulate private columbaria. That said, private columbaria may involve planning and land management issues. For these cases, the government departments concerned will continue to handle matters in accordance with legislations and administrative measures under their purview. The Administration is closely monitoring the development of the matter and will, taking into account the overall demand for columbaria from the community, formulate appropriate measures with a view to satisfying public needs. As a matter of fact, I have earlier convened an inter-departmental meeting to coordinate the work of various departments in studying the issues involved. We will report to the relevant panel of the Legislative Council upon completion of the study.

Thank you, President.


Ends/Wednesday, October 21, 2009
Issued at HKT 12:40

NNNN