Replies to LegCo questions

LCQ13: Operation of columbaria and supply of niches

Following is a question by the Hon Tanya Chan and a written reply by the Secretary for Food and Health, Dr York Chow, in the Legislative Council today (December 9):

Question:

To cope with the demand of Hong Kong people for columbarium niches, quite a number of private columbaria have come into operation. The Lands Department recently issued warning letters to some private columbaria, pointing out that the operation of such columbaria had breached lease conditions. In this connection, will the Government inform this Council:

(a) whether in the past three years the Administration had comprehensively examined the land leases of all the columbaria in Hong Kong that are not operated by the Government or by the Board of Management of the Chinese Permanent Cemeteries to ascertain whether such premises could be used for accommodating the ashes of the deceased; if it had, of the progress and findings, and whether the Government will consider making public the findings; if it has not examined the leases, whether the Government will commence the relevant work in the near future; if it will not, of the reasons for that;

(b) given that quite a number of members of the public spent large sums of money to buy columbarium niches, which involve the issue of consumers' interests, whether at present there are legislation, policies and measures to regulate the selling of columbarium niches to safeguard consumers' interests; if so, of the details; if not, whether the Government will consider studying the formulation of the relevant measures in the near future; if it will not, of the reasons for that;

(c) whether the Government will consider reviewing the current policy that regulates columbaria so as to facilitate individuals or organisations that are currently operating or intend to operate columbaria to operate the business; if it will, of the details; if not, the reasons for that; and

(d) whether the Government will consider taking various measures to expedite the supply of government niches, e.g. by expediting the study on developing artificial rock caverns or factory buildings for use as columbaria; if it will, of the details; if not, the reasons for that?

Reply:

President,

The operation of various trades in Hong Kong, including that of private columbaria, must be in compliance with statutory requirements, including the requirement for business premises to comply with land use zoning. In addition, the use of the land must not be in breach of the terms of the land lease. Apart from this, as human ashes do not give rise to public health and environmental hygiene concerns, the Government does not impose any specific regulation on the operation of private columbaria, nor do we have complete statistics or data regarding them.

Our replies to the four parts of the question are as follows:

(a) The Government does not have complete statistics or data on private columbaria, including whether storage of ashes of the deceased is allowed under the relevant land leases.

As advised by Development Bureau (DEVB), land leases are leases made between the Government and landowners. The landowners are required to ensure that the use of their land is in compliance with all the requirements in the land leases. The formulation of a land lease is targeted at the use of the land and not for the purpose of imposing regulation on any individual trade. Given that there are an enormous number of land leases, and the areas and uses of the land involved are extensive, it is not possible for the Government departments concerned to conduct regular inspection of all private land. However, upon receipt of a complaint about a breach of land use requirements stated in land leases, the Lands Department will deploy its staff to conduct inspection on the site concerned. Legal advice will be sought in light of the actual circumstances and follow-up action taken as appropriate. Such arrangements are applicable to all land leases, including those involving private columbaria.

(b) As aforesaid, the Government has not imposed any specific regulation on the operation of private columbaria. Members of the public should ask the sellers of columbarium niches to provide them with full and complete information to ensure that the columbarium niches are in compliance with the relevant legislation and land lease requirements before buying the columbarium niches. They should also seek professional advice where necessary. Those who already bought columbarium niches should contact the providers of columbarium niches direct to find out how they would, in the event that there is a breach of the relevant legislation or land lease requirements, deal with the hirers or buyers of the columbarium niches, such as whether they would make a refund of the fees paid to hirers or buyers of columbarium niches. Members of the public can pursue their claims under the Law of Contract if they consider that providers of columbarium niches are in breach of the sale and purchase contracts.

To enhance the public's confidence, we also call on the trade to increase their transparency for the public. The Government will also look into ways to set up a voluntary registration system.

(c) As advised by DEVB, at present, operators of private columbaria can make an application to the Town Planning Board (TPB) for planning permission or a change of planned land use in accordance with the Town Planning Ordinance. Where landowners apply for regularising a breach of land lease requirements, the Lands Department will normally seek the views of the relevant policy bureaux/government departments and then consider each application in light of the actual circumstances of each individual case.

(d) All along, the Government, religious and charitable organisations, as well as private entities have played a part in the supply of columbarium niches. It is expected that the demand for columbarium niches will remain heavy in the coming decade as it will take some time for Hong Kong people to fully accept the ideas of sea burial or scattering cremains in the Gardens of Remembrance.

The Government will carry out all feasible measures to increase the supply of columbarium niches. The measures include continuing to actively identify suitable sites for the development of columbaria, including providing additional columbarium niches in existing cemeteries. We will also further our efforts in seeking support from District Councils and local communities through continuous communication. However, as members of the public tend to flock to columbaria at Ching Ming and Chung Yeung Festivals in large numbers, we need to take into account the capacity of the transportation network in the vicinity when we look for sites for the development of columbaria. In the long run, the Government will explore various options for the provision of columbarium facilities. With the support of DEVB, the Geotechnical Engineering Office will launch a study on the excavation and development of rock caverns in April 2010. The study will include reviewing various land uses with potential for rock cavern development. At this stage, any discussion of the feasibility and suitability of providing columbaria in rock caverns would be premature.

Additionally, we will make active efforts to improve the outlook and layout of the proposed columbaria by the provision of landscaping facilities so as to ease the concerns and anxiety of the residents. Wherever possible, we will augment through flexible design the supply of niches in the columbarium facilities to be built by increasing the number of storeys of columbarium blocks as well as the number of tiers of niches.

Apart from the Government, religious bodies and temples as well as non-governmental organisations such as Board of Management of the Chinese Permanent Cemeteries will continue to play an important role as providers of columbarium facilities. The Government encourages these organisations to provide additional niches on their existing premises. Government departments will provide appropriate coordination and support in this respect.

As advised by DEVB, the policy initiative to encourage wholesale conversion of industrial buildings requires the use of the buildings after conversion to be in compliance with the respective land zoning. "Columbarium" use is not always permitted in "Industrial" zones or in "Other Specified Uses" zones annotated "Business" or "Commercial". If building owners plan to convert their existing industrial buildings for this purpose, they must first lodge an application for amendment of plan with the TPB. The TPB will consider whether the application should be granted after the statutory public consultation process has been carried out. If an owner applies for waiver where the use of the building is not in compliance with terms of the land lease, the Lands Department would seek the views of the relevant policy bureau/government departments (including the Planning Department) and consider the application in light of the actual circumstances of each individual case.


Ends/Wednesday, December 9, 2009
Issued at HKT 13:17

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