Replies to LegCo questions
LCQ17: Private columbarium niches
Following is a question by the Hon Starry Lee and a written reply by the
Secretary for Food and Health, Dr York Chow, in the Legislative Council today
(January 27):
Question:
It has been reported that some property owners have, in exploitation of the grey
areas of existing legislation, renovated their units in tenement buildings on
land zoned as Residential (Group A) and, without obtaining the license for
operating a temple or applying for changes in land use, operate them in the form
of Taoist monasteries to provide hundreds of private columbarium niches. It has
also been reported that in the absence of any licensing regime for the
regulation of private columbarium facilities at present, the Government has
indicated that it will examine setting up a voluntary registration system.
However, the effectiveness of such a registration system is open to question. In
this connection, will the Government inform this Council:
(a) of the number of complaints received by the authorities in respect of
operation of temples in different forms in tenement buildings in each of the
past three years and, among them, the number of complaints involving columbarium
niches, the nature of such complaints, and how the authorities followed up the
complaints;
(b) given that the problem of operating columbarium facilities in tenement
buildings falls within the scope of work of various government departments such
as Planning Department, Lands Department and Food and Environmental Hygiene
Department, whether the Government will consider designating a government
department to deal with the problem in a uniform manner; if it will, of the
details; if not, the reasons for that; and
(c) whether it will consider afresh the setting up of a licensing system for the
regulation of private columbarium facilities, so as to put the operation of
private columbarium facilities onto the right track; if it will not, of the
reasons for that?
Reply:
President,
(a) As advised by the Development Bureau (DEVB), among the complaints received
by the Lands Department (LandsD) concerning flats of old multi-storey buildings
in urban areas in the past three years, six were suspected cases of operation of
columbarium niches in breach of the land lease. The Planning Department (PD)
received five complaints about the use of flats of tenement buildings in urban
areas for the purpose of temples over the same period, all of which involved
columbarium niches. Besides, the Food and Environmental Hygiene Department (FEHD)
received nine complaints of similar nature and seven of them were related to
columbarium niches.
The Government departments concerned have handled matters, enquiries and
complaints involving temples and private columbarium niches in accordance with
their respective mandates and relevant legislations, or referred the cases to
other responsible departments for follow-up. As advised by the DEVB, the LandsD
has examined the land leases concerned with regard to the complaints received
and confirmed that there is no restriction on columbarium niches or related
uses. For the PD, it can only take enforcement and regulatory actions in respect
of land use in areas covered by Development Permission Area Plans (i.e. the
rural areas in the New Territories). As such, the areas involved in the above
cases do not fall within its purview.
The FEHD has, upon receipt of the complaints, sent its staff to investigate the
cases. However, no unlicensed operation of undertaker of burials business or
environmental nuisances has been found.
Moreover, the Home Affairs Bureau (HAB) also received two complaints about the
operation of different types of temples in buildings, but neither of them
involved columbarium niches.
These complaints mainly concern the issues of building safety, land use,
environmental nuisances (such as noise and air pollution), fire safety and
psychological stress, etc.
(b) As the operation of private columbarium niches is an issue that involves the
work of a number of bureaux and departments, they will continue to handle cases
falling within their respective portfolios and work in close liaison. In this
connection, the Food and Health Bureau has set up a task force in conjunction
with relevant bureaux and departments, including the DEVB, the HAB, the LandsD,
the PD and the FEHD to coordinate the relevant work on the supply of columbarium
niches and the operation of private columbarium niches.
(c) The operation of all trades in Hong Kong, including that of private
columbarium niches, must be in compliance with statutory requirements, planning
requirements, building design and construction standards, as well as conditions
of the land leases. It must also be pointed out that human ashes do not give
rise to public health or environmental hygiene concerns. The Administration
calls on the trade to raise public confidence through self-discipline and
enhanced transparency. The Government is currently working on measures to
promote information transparency in the trade and strengthen consumer
protection. The setting up of a voluntary registration system is one of the
measures under consideration.
Ends/Wednesday, January 27, 2010
Issued at HKT 15:06
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