Replies to LegCo questions
LCQ12: Regulation of private columbaria and increasing supply of public niches
Following is a question by the Dr Hon Lam Tai-fai and a written reply by
the Secretary for Food and Health, Dr Ko Wing-man, in the Legislative
Council today (November 27):
Question:
With an ageing population in Hong Kong, it is anticipated that the
demand for columbarium niches will continue to increase. The Government
has identified 24 potential sites across the 18 districts of the
territory for columbarium development to meet the demand. Moreover, the
Private Columbaria Bill to be introduced by the Government into the
Legislative Council in the second quarter of next year will propose a
statutory licensing scheme for private columbaria. On the other hand, it
has been reported that some unauthorised private columbaria have
illegally occupied government land for many years. Despite the long
expiry of the deadlines specified in the removal orders issued by the
Government, the Government has procrastinated in taking law enforcement
actions, causing dissatisfaction among the local residents. In this
connection, will the Government inform this Council:
(a) of the respective numbers of niches currently provided by all public
and private columbarium facilities in Hong Kong, broken down by District
Council (DC) district;
(b) whether it has projected the demand for columbarium niches as well
as the number of niches that can be provided by public and private
columbarium facilities in the territory in the coming five years; if it
has, of a breakdown of such numbers by DC district; if not, the reasons
for that;
(c) of the current total number of columbaria which are illegally
occupying government land, or are operated illegally in private,
commercial and industrial buildings, as well as the number of niches
provided by such columbaria, broken down by DC district; the respective
numbers of law enforcement actions taken and removal orders issued by
the authorities against such illegal columbaria in each of the past
three years; the grace period generally given in such removal orders,
and the number of illegal columbaria cleared in compliance with the
removal orders;
(d) of the respective numbers of niches expected to be provided by the
columbarium facilities to be developed at the aforesaid 24 potential
sites as well as their completion timetables, broken down by DC
district;
(e) given that by 2041, according to the consultation document on
population policy recently published by the Government, about one in
three persons of Hong Kong’s population will be aged 65 or above, of the
number of years that the authorities anticipate the needs can be met by
the existing niches and those under planning, and whether such niches
will be able to meet the demand arising from the ageing population;
(f) of the conditions to be met by the 96 private columbaria (the number
as at September this year) listed in Part B of the Government's
Information on Private Columbaria (i.e. those columbaria that do not
fall under Part A which sets out the columbaria that are "compliant with
the user restrictions in the land leases and the statutory town planning
requirements and are not illegally occupying government land") for them
to be allowed by the Government to operate legally;
(g) as the demand for niches is very keen, whether the Government will
regulate the prices of private niches to prevent speculative activities;
if it will, of the details; if not, the reasons for that;
(h) whether the authorities will consider granting exemption from
compliance with the new licensing scheme to those private columbaria
which meet certain conditions (such as being operated by charitable
organisations, funeral parlours or undertakers, or providing niches up
to a certain specified number, or having been operated for a long period
of time); if they will, of the details; if not, the reasons for that;
(i) as the authorities have, in response to some private columbaria
offering members of the public guarantees for "full refund" or
"replacement niches", reminded the public that "they should pay due
attention to the risks inherent in purchasing niches from columbaria
that do not comply with the relevant statutory and Government
requirements. Members of the public are advised to make enquiries with
the operators concerning the details of any guarantee, and how such
guarantees would be honoured", whether the authorities have taken law
enforcement actions against such columbaria that do not comply with the
relevant statutory requirements so as to avoid members of the public
from being misled into believing their guarantees; if they have, of the
details; if not, the reasons for that;
(j) as the authorities have indicated that they will actively explore
various new measures, including (i) the designation of different worship
periods for different blocks of niches so as to divert traffic and
visitor flows; and (ii) the introduction of time-limited occupation of
new niches, with post-occupation re-use through renewal or
re-allocation, so as to increase the supply of niches, whether the
authorities have conducted any feasibility study on such measures; if
they have, of the details, and if the outcome of such study is that they
are feasible, of the anticipated implementation time; if they have not
conducted such study, the reasons for that;
(k) as I have learnt that some members of the Sha Tin DC have demanded
that when the authorities implement the construction of public
columbarium facilities on the two selected sites in Sha Tin, they should
at the same time make improvements to the ancillary transport facilities
of the district, whether the authorities will accede to such demand; if
they will, of the details and timetable; if not, the reasons for that;
and
(l) as the Government is conducting a feasibility study on the project
for the construction of a public columbarium facility on the selected
site in Tai Po, of the latest progress of the study, and whether it has
assessed the difficulties it may encounter?
Reply:
President,
The Legislative Council (LegCo) Panel on Food Safety and Environmental
Hygiene (the Panel) discussed the paper submitted by the Food and Health
Bureau at the meeting held on November 19, 2013 on issues relating to
the regulation of private columbaria and increasing supply of public
niches.
My reply to the question raised by the Member is as follows:
(a) Currently, there are about 213 300 niches in the eight public
columbaria under the management of the Food and Environmental Hygiene
Department (FEHD). Most of the niches have been allocated, except for
some 30 500 new niches that are currently open for allocation. In
addition, about 300 niches that may be re-used are available each year
for allocation to applicants on the waiting list.
Apart from public niches, there are 18 columbaria within the private
cemeteries specified in Schedule 5 to the Public Health and Municipal
Services Ordinance (Cap. 132). These columbaria are mainly operated by
religious or ethnic bodies on a non-profit-making basis. Among them, the
Board of Management of the Chinese Permanent Cemeteries (BMCPC),
established under the Chinese Permanent Cemeteries Ordinance (Cap.
1112), operates four cemeteries cum columbaria and provides some 224 800
niches. Other than the availability of a small number of niches that may
be re-used, all the niches have been allocated. In addition, the
cemeteries operated by religious bodies such as the Catholics,
Christians and Buddhists provide about 126 700 niches in total. Of
these, some 28 400 niches have yet to be allocated.
For details on the aforesaid supply of niches, please refer to Annex 1.
The Government does not keep statistics on the number of niches provided
on premises that are outside private cemeteries and operated by other
private organisations.
(b) According to the Census and Statistics Department, the number of
deaths in the next five years (i.e. 2014 to 2018) is estimated to be
around 233 600. The number of cremations in the same period is projected
to be 215 875. Based on past experience, the demand for niches provided
by the Government and the BMCPC is equivalent to about 40% of the number
of cremations, which accordingly would amount to some 86 350 niches.
For the next five years, the stock of confirmed supply under the FEHD's
disposal includes some 30 500 niches now under allocation (as mentioned
in part (a) above) and some 1 000 new niches that will become available
in the Cheung Chau Cemetery extension soon to be completed. For the 24
potential sites identified in 18 districts, apart from the confirmed
supply, the Government is actively following up the columbarium
development in the remaining projects. Over the same five-year period,
the BMCPC will provide some 34 400 new niches.
In the next five years, the cemeteries operated by the religious bodies
(including the Catholics, Christians and Buddhists) are expected to
provide, in total, about 50 260 new niches, on top of some 28 400 niches
that are yet to be allocated (as mentioned in part (a) above).
For details on the aforesaid supply of niches over the next five years,
please refer to Annex 2. The Government does not keep statistics on the
number of niches provided on premises that are outside private
cemeteries and operated by other private organisations for the next five
years.
(c) To help the public make informed choices, the Development Bureau
(DEVB) has published, with updates on a quarterly basis, "Information on
Private Columbaria", containing the relevant land/lease (user
restrictions) and planning information relating to those private
columbaria that are known to the Lands Department (LandsD) or Planning
Department (PlanD) and believed to be operating as columbaria
(hereinafter referred to as "the List"). Part A of the List sets out
those private columbaria which are compliant with the user restrictions
in the land leases, statutory town planning requirements, and are not
illegally occupying Government land. Part B of the List sets out other
private columbaria which are not included in Part A. The breakdown of
private columbaria on Part B of the List (as per the version published
on September 30, 2013) by district is set out in Annex 3.
Enforcement actions taken by the Government in the past three years are
set out below :
Buildings Department (BD)
The number of removal orders issued by the BD in relation to
unauthorised building works (UBWs) in the past three years is two in
2011, one in 2012 and one in 2013 (involving one private columbarium
each year). In the past three years, in respect of the removal orders
served, no demolition works on UBWs served with such orders have been
completed, but the operators of two private columbaria have appointed
building professionals to take follow-up actions in response to the
removal orders. Generally, the owner needs to complete the required
demolition works within 60 days from the date of the removal order. If
the owner, without reasonable excuse, fails to comply with the removal
order, the BD may bring prosecution against the owner under the
Buildings Ordinance. In the past three years, the BD brought
prosecutions against five private columbaria for non-compliance with six
removal orders (including the afore-mentioned removal orders issued
between 2011 and 2013, as well as removal orders issued before 2011).
PlanD
The Town Planning Ordinance empowers the Planning Authority to take
enforcement actions against unauthorised developments in areas in the
rural New Territories within Development Permission Areas Plans or
subsequently covered by Outline Zoning Plans. The Planning Authority may
issue enforcement notices under section 23(1) to a land owner, an
occupier or a person who is responsible for the relevant matters,
requiring the parties concerned to discontinue the unauthorised
developments by a specified date. Anyone who fails to comply with the
requirement of the enforcement notices may be subject to prosecution.
In the past three years, the Planning Authority took enforcement actions
against three private columbaria for unauthorised developments and
issued enforcement notices to the persons concerned, requiring them to
discontinue the relevant unauthorised developments within six or nine
months of the date of the enforcement notices. In one case, the persons
concerned have removed the unauthorised developments as required. As
regards the other two cases, enforcement actions are being carried out.
LandsD
According to the updated List as at September 30 , 2013, there are 12
private columbaria that involve illegal occupation of Government land.
In the past three years, the LandsD posted two notices in 2011; 21
notices in 2012; and 12 notices in 2013 under section 6(1) of the Land
(Miscellaneous Provisions) Ordinance, requiring the relevant occupiers
to cease the occupation of the land concerned before a specified date
(depending on the cases, the time allowed ranged from a few days to four
months). By now, three private columbaria have completely ceased the
occupation of Government land, while some other private columbaria have
ceased the occupation of part of the Government land. The LandsD has
successfully prosecuted three private columbaria for failure to comply
with the notices or failure to seek regularisation.
In general, depending on the actual circumstances (including whether
ashes of the deceased are stored on the land concerned and the sets of
ashes involved, etc.), the LandsD would allow a reasonable period of
time for the relevant occupiers to relocate the ashes and make
arrangements for other related matters. If the concerned columbarium
applies for regularisation, the LandsD will consider the application in
accordance with the applicable procedures.
(d) The Government has identified 24 potential sites in all 18 districts
for developing columbarium facilities. Whether these sites could
eventually be used for the purpose will depend on the results of
technical feasibility studies and traffic impact assessments (where
applicable). Upon completion of the relevant studies, the FEHD will
consult the District Councils (DCs) concerned before confirming the use
of the sites for columbarium development. Subject to the support of DCs
and the LegCo for the projects in the pipeline, the cumulative supply of
new niches will amount to hundreds of thousands by 2031. Details are set
out in Annex 4.
(e) The Government will adopt a multi-pronged approach to tackle the
issue, including promoting "green burial", pressing ahead with
sustainable public columbarium development, following up on enforcement
actions, strengthening public education and the regulation of private
columbaria.
To increase the supply of columbarium facilities, the Government is
forging ahead with the initiatives mentioned in item (d) above. We will
continue to identify suitable sites for columbarium development, and
study the feasibility of various options enabling sustainable public
columbarium development, including setting limits on worship periods
during the Ching Ming and Chung Yeung Festivals; and introducing
time-limited (but renewable) occupation of newly allocated niches.
In addition, the Government is striving to promote "green burial" by
encouraging the public to use more environmentally friendly and
sustainable means of disposal of human ashes. Key initiatives in this
respect include building more gardens of remembrance, providing free
ferry service for scattering ashes at sea, launching a memorial website
to encourage people to pay tribute online and enhancing public education
to foster the necessary mindset change. Through such initiatives, it is
hoped that "green burial" could in time become one of the mainstream
burial modes.
(f) For the 96 private columbaria on Part B of the List, they have to
comply with the user restrictions in the land leases as detailed in the
land/lease information, as well as the statutory town planning
requirements in the town planning information, and must not be illegally
occupying Government land before they can be moved to Part A of the
List. At the same time, the operation of all trades in Hong Kong,
including the columbarium trade, must be compliant with the statutory
and other requirements of the Government, such as building safety and
fire safety, etc.
The Government is drafting the Private Columbaria Bill (the Bill) to
implement a statutory licensing scheme. Under the Bill, we propose that
no person may be engaged in the operation of a private columbarium in
Hong Kong, unless such operation is covered by a licence, an exemption
or temporary suspension of liability.
(g) Operating a private columbarium is a commercial act. The Government
has no intention to regulate the prices concerned. We will endeavour to
spruce up the supply of public niches, in the interest of serving those
members of the public who do not intend to patronise private columbaria.
(h) In our submission to the Panel, we propose that the following
categories of private columbarium operations be exempted from the
licensing scheme:
(i) columbaria located within private cemeteries listed in Schedule 5 to
the Public Health and Municipal Services Ordinance (Cap. 132); or
columbaria managed by the BMCPC outside its private cemeteries, with
such columbaria still being subject to the regulation of the Private
Cemeteries Regulation (Cap. 132BF);
(ii) the operations of 81 existing undertakers of burials whose licences
do not debar temporary storage of ashes within their premises, subject
to application and conditions; and
(iii) private columbaria that meet the following criteria, subject to
application and conditions:
* they do not pose obvious hazard or imminent danger in terms of
building and fire safety;
* they have commenced columbarium operation before a specified cut-off
date; and
* they have ceased the sale of niches before another specified cut-off
date.
(i) The operation of all trades in Hong Kong, including the columbarium
trade, must be in compliance with the statutory and other requirements
of the Government. Subject to the requirements of relevant legislation
and administrative measures, government departments concerned will
continue to take enforcement actions under their respective mandate
against unauthorised private columbaria.
Consumer education has been enhanced. Announcements in the Public
Interest have been broadcast on television and radio over the past two
years, and a pamphlet has also been published on the Government's
websites and distributed through various channels since mid-2011, giving
advice to consumers, highlighting areas that they should watch out for,
and reminding them to consider seeking advice from professionals should
there be any doubt or uncertainty. In various updated versions of the
pamphlet, we have reminded consumers to refrain from making any purchase
rashly.
(j) The Government is actively exploring various options to increase the
supply of niches and considering the implementation of new systems to
alleviate the shortage in niche supply. These include setting limits on
worship periods during the Ching Ming and Chung Yeung Festivals, and
introducing time-limited (but renewable) occupation of newly allocated
niches, with a view to reducing the constraints in transport and traffic
capacity, easing the process of gaining local support, and developing
the potential of the sites identified to the full. Rising to the
challenges posed by the scarcity of land resources, we see a case for
encouraging public deliberations over the question of whether we should
bring in new and unconventional measures to sustain the supply of niches
and meet the demand in a manner that gives due regard to local
traditions.
On the proposal to set a time limit for occupation of niches, the
Government notes that some niches have been left unattended after a
certain period of time due to various reasons, such as migration of the
descendants. This is particularly apparent when it comes to the third
and fourth generations. For efficient use of land resources while taking
into account the sentiment of the descendants, the Government is
considering whether or not we should set a reasonable time limit for
occupation of newly allocated niches (which may be renewed). The
Government will vacate the niches for re-allocation if renewal
application is not received upon the expiry of the time limit. Such a
practice is being adopted in Mainland China and Singapore, for the
purpose of ensuring that a sizeable number of niches would remain in
circulation and available for sustainable use.
As regards the proposal to limit worship periods, the number of niches
that may be provided in various selected sites is more often than not
capped by constraints in terms of the transport and traffic capacity of
the road networks near the sites. The Government is therefore
considering whether, as a requirement applicable to new niches for
allocation in the future, we should confine the worship periods for
designated niches to either the Ching Ming or Chung Yeung Festivals.
This would help reduce both vehicular and pedestrian flows during the
grave-sweeping seasons, and bring the traffic impacts to within an
acceptable level, thereby allowing more niches to be built.
The Government is keeping an open mind on the above proposals and will
listen to the views of the public before finalising the details and
reaching any decisions.
(k) Regarding the site on On Hing Lane in Shek Mun, Sha Tin which is
next to the Sha Tin Refuse Transfer Station, the Government has
completed the relevant assessments, including the one on traffic impact.
The result of the traffic impact assessment shows that if road access
restrictions are implemented in On Hing Lane during the Ching Ming and
Chung Yeung Festivals, no significant impact will be exerted on the road
network and pedestrian network in the vicinity. It is expected that a
three-storey building may be built on the potential site to provide
about 40 000 niches. The Government plans to consult the Sha Tin DC in
2014.
As for the potential site at the Fu Shan Columbarium extension in Sha
Tin, the Government has completed the initial traffic impact assessment
and is planning to carry out a further traffic impact assessment, with a
view to developing the potential of the site to the full. The results
are pending.
(l) Since the site at Tai Po is adjacent to and located on a landfill,
an engineering feasibility study has to be conducted. The study covers
technical assessments of transportation, drainage system, sewerage
system, utilities, geotechnical investigation, environment, vision and
landscape. The Civil Engineering and Development Department has
commissioned an engineering consultant in August 2012 to conduct the
engineering feasibility study, which is scheduled for completion around
February 2014. Once the site is confirmed to be suitable for columbarium
development, the relevant DC will be consulted. Subject to the support
of the DC, the Government will in due course seek approval and funding
from the Public Works Subcommittee/Finance Committee of the LegCo to
commence the works.
Ends/Wednesday, November 27, 2013
Issued at HKT 19:50
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