Replies to LegCo questions
LCQ14: Removal arrangement for illegal graves
Following is a question by the Dr Hon Helena Wong and a written reply by the
Secretary for Food and Health, Dr Ko Wing-man, in the Legislative Council today
(March 19):
Question:
I have learnt that some residents affected by unauthorised private columbaria
held a meeting with officials of the Food and Health Bureau (FHB) in October
last year. As the authorities had removed the illegal graves on the slope north
of Diamond Hill Urn Cemetery and delivered the human remains and cremains to
Sandy Ridge Cemetery for burial, those residents requested the Government to
remove the urns at the unauthorised columbarium built on illegally occupied
government land by Gig Lok Temple in Tuen Mun. The Lands Department stated that
assistance of FHB was needed for temporary deposition of such urns at public
columbaria while FHB indicated that it had to seek legal advice on the matter.
In this connection, will the Government inform this Council:
(1) whether FHB has sought legal advice on the aforesaid matter; if so, of the
advice obtained; if not, the reasons for that; and
(2) of the legal basis for removing the illegal graves in the vicinity of
Diamond Hill Urn Cemetery and delivering the human remains and cremains to Sandy
Ridge Cemetery for burial?
Reply:
President,
My reply to the various parts of the question raised by the Member is set out
below.
(1) The Administration is actively considering applying for a court order
requiring Gig Lok Monastery to remove the ashes interred on unleased Government
land. In order not to prejudice the Government's legal actions, it is not
appropriate for us to disclose the details of our legal advice.
(2) Under section 118(1) of the Public Health and Municipal Services Ordinance
(Cap. 132) (the Ordinance), any person who, without the permission in writing of
the Authority, buries any human remains, or deposits any urn or other receptacle
containing any human remains, otherwise than in a cemetery, shall be guilty of
an offence. Furthermore, according to section 118(4) of the Ordinance, any human
remains buried, or any urn or other receptacle containing any human remains
deposited outside a cemetery may be removed by the Authority and buried or
deposited inside a cemetery or otherwise disposed of in such decent manner as
the Authority may think fit provided that the consent of the Secretary for Home
Affairs shall be obtained before such remains are, or such urn or other
receptacle is, removed. According to section 6 of the Land (Miscellaneous
Provisions) Ordinance (Cap. 28), the Lands Department may take action against
those who occupy unleased Government land without the permission of the
Authority.
The Administration first received report of suspected illegal graves on unleased
Government land on the slopes outside the northern boundary of Diamond Hill Urn
Cemetery from a member of the public in July 2010. Our subsequent investigation
revealed that there were some 890 illegal graves at the above location.
After consulting the Wong Tai Sin District Council and obtaining the consent of
the Secretary for Home Affairs, the Food and Environmental Hygiene Department
(FEHD) and the Lands Department (LandsD) arranged joint operations to remove the
illegal graves at the above location. While LandsD would repossess and reinstate
the unleased Government land at Diamond Hill, any buried human remains, or any
urn or other receptacle containing any human remains that are removed from the
illegal graves would be taken by FEHD to the Sandy Ridge Cemetery for storage.
Should they remain unclaimed after 6 years, the human remains would be cremated
with the ashes buried in the communal grave inside the Sandy Ridge Cemetery.
FEHD and LandsD posted notices in 2011, 2012 and 2013, informing descendants to
remove the illegal graves by a specific deadline or else the Authority would
conduct removal action without further notice. After expiry of the final
deadline (i.e. June 5, 2013), FEHD and LandsD commenced removal operations in
phases starting from July 8, 2013. By February 2014, 778 illegal graves had been
removed, including 520 cases in which the human remains were removed by the
descendants themselves voluntarily.
Under Cap. 132, the definition of "human remains" does not include human ashes
(ashes). That being the case, FEHD has no authority to remove ashes under the
existing legislation. The aforementioned joint enforcement actions by FEHD and
LandsD against illegal burials do not involve the removal of ashes.
Ends/Wednesday, March 19, 2014
Issued at HKT 12:29
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