Public Cemeteries Regulation
[23 December 1960]
(Format changes—E.R. 1 of 2013)
(Repealed 78 of 1999 s. 7)
In this Regulation, unless the context otherwise requires— (78 of 1999 s. 7)
Director (署長) means the Director of Food and Environmental Hygiene; (78 of 1999 s. 7) human remains (遺骸) means the dead body or part thereof of any human being or any still-born child, but does not include ashes resulting from the cremation thereof; (L.N. 273 of 1996) public cemetery (公眾墳場) means any cemetery specified in Part 1 of the Fifth Schedule to the Ordinance.The Director may—
direct that any particular public cemetery or any part of a public cemetery be set aside or allocated for the reception of human remains of particular persons or of persons belonging to any particular community, race or religion; and
direct that the disposal of the human remains of any particular person, or the human remains of persons belonging to any particular community, race or religion, shall not take place in any particular public cemetery or any particular part of any public cemetery and that disposal thereof shall be effected in any other public cemetery or any other part of a public cemetery.
At every public cemetery, in the custody of the officer in charge thereof, there shall be kept a register in the form prescribed in Schedule 1 containing particulars of the persons whose human remains are deposited in the cemetery.
Every register required to be kept by the provisions of subsection (1) shall be kept in duplicate, and, at the end of each month, the duplicate copy of the entries made therein during the preceding month shall be sent to the Director for custody.
The register kept at any public cemetery may be inspected at the cemetery by the public at all times during which such cemetery is open to the public, and the duplicate copies kept in the custody of the Director may be inspected during office hours on application to him.
Any person requiring a certified copy of any entry in any such register may obtain the same from the Director upon payment of the prescribed fee. (L.N. 292 of 1977; L.N. 273 of 1996)
A person in charge of the disposal in a public cemetery of the human remains of any person shall, in relation to such remains, produce to the officer in charge of the cemetery at the time when the interment takes place—
in the case of a first interment of the body of any person dying in Hong Kong— (10 of 1986 s. 32(2))
a permit of a police officer issued under the provisions of the proviso to section 16(1) of the Births and Deaths Registration Ordinance (Cap. 174);
a certificate of registration of death or of a Coroner’s order issued under the provisions of section 17(1) of the Births and Deaths Registration Ordinance (Cap. 174); or
in the case of the body of a still-born child, a certificate, declaration or Coroner’s order issued or made under the provisions of section 18 of the Births and Deaths Registration Ordinance (Cap. 174); or
in any other case, the permission in writing of the Director authorizing the interment. (78 of 1999 s. 7)
The Director may, as he deems necessary, remove from a public cemetery—
any human remains the interment of which has not been approved by the Director; or
any human remains and any coffin, urn or other receptacle containing such human remains interred in a grave which has been affected by landslide, rainstorm or natural disaster,
and dispose of such human remains and any coffin, urn or other receptacle containing such human remains in such decent manner as he may think fit.
The Director may prescribe, by notice posted in such manner as he may think fit at any public cemetery or other place, the times during which human remains may be received into the cemetery.
In the case of the interment of the human remains of any person in the Hong Kong Cemetery, the person in charge of the disposal of such remains shall give to the officer in charge of the cemetery not less than 2 hours’ notice of the time at which it is intended that the interment shall take place. (L.N. 292 of 1977)
No person, other than an officer of the Food and Environmental Hygiene Department, shall, in any public cemetery, dig or fill in any grave without the consent of the officer in charge of the cemetery, and, where such consent is given, the work shall be carried out in accordance with the directions, and subject to the supervision of such officer in charge of the cemetery. (78 of 1999 s. 7)
Save with the consent in writing of the Director and in accordance with any conditions or restrictions which he may impose on the grant thereof, no person shall, in any public cemetery, construct any vault, burial niche or other place of interment, not being a grave.
Except with the consent in writing of the Director and in accordance with the conditions or restrictions (if any) attached to the consent, a person shall not, over a grave opening in a public cemetery, construct any covering the length or width of which exceeds the following dimensions—
in the case of a grave for the interment of skeletal human remains resulting from exhumation (except where paragraph (b) applies) or of ashes after cremation, a length and width of 900 mm each;
in the case of a grave in which human remains are re-interred after exhumation under section 7 of the Coroners Ordinance (Cap. 504), the dimensions of that grave before the exhumation; (27 of 1997 s. 69)
in the case of any other grave, a length of 2 400 mm and a width of 900 mm.
No person shall be entitled to have allocated more than one grave space for one set of human remains, and, save with the consent in writing of the Director, not more than one set of human remains shall be interred in one grave space.
The Director may, in writing and subject to such conditions or restrictions as he may impose, allocate a grave space in a public cemetery for the purpose of erecting monuments, headstones or tablets in respect of one or more deceased persons, without interring any human remains. (78 of 1999 s. 7)
For the purposes of subsections (2) and (2A), the size of a grave space shall be such as is permitted by the Director in pursuance of his policy for the time being for the cemetery in question.
Save with the consent in writing of the Director and in accordance with any conditions or restrictions which he may impose on the grant thereof, no person shall, in any public cemetery, erect a monument, headstone or tablet, upon any grave, or make any railing, fence or enclosure round or enclosing any grave space, or plant thereat any tree or shrub. (L.N. 273 of 1996)
Except with the consent in writing of the Director and in accordance with the conditions or restrictions (if any) attached to the consent, a person shall not, in a public cemetery, erect a monument, headstone or tablet which exceeds the following dimensions— (78 of 1999 s. 7)
in the case of a monument erected over a grave referred to in section 7A(1)(a), a length and width of 900 mm each and a height of 1 500 mm;
in the case of a monument erected over a grave referred to in section 7A(1)(b), a length and width of 900 mm each and a height of 1 500 mm or the dimensions of the monument lawfully erected over the grave before the exhumation (whichever is the greater);
in the case of a monument erected over any other grave, a length of 1 800 mm, a width of 900 mm and a height of 1 800 mm;
in the case of a headstone or tablet, a width of 900 mm, a thickness of 150 mm and a height of 1 500 mm. (L.N. 79 of 1979; 78 of 1999 s. 7)
For the purposes of subsection (1A), the measurement of the height of a monument, headstone or tablet shall be taken from the highest point of the surrounding ground and shall include the highest point of the monument, headstone or tablet, and the measurement of the length and width shall include any lateral projection from the monument, headstone or tablet. (L.N. 79 of 1979; 78 of 1999 s. 7)
Where the Director gives his consent to the planting in any public cemetery of any tree or shrub, such consent shall be deemed to have been given subject to the condition that the tree or shrub may be clipped, pruned or removed at the discretion of the Director. (L.N. 273 of 1996)
Every grave shall be numbered in a permanent form with a number corresponding to the number entered in the register required to be kept by the provisions of section 4, and every monument, headstone or tablet, and every railing or enclosure marking or enclosing any grave, shall be firmly seated in the ground. (78 of 1999 s. 7)
No monument, headstone or tablet shall be so constructed or shaped as to permit of the collection of water in or about it.
No monument, headstone or tablet shall be removed or altered, nor shall anything be added thereto, without the consent in writing of the Director.
Any monument, headstone or tablet, and any railing or enclosure marking or enclosing any grave, which, by reason of neglect or for any other reason, becomes dilapidated or in need of repair may, at the discretion of the Director, be removed and disposed of in such manner as he may think fit.
For the purposes of this section, a headstone or tablet containing any words, carvings or portraits other than— (78 of 1999 s. 7)
the name of the deceased;
his place of birth;
the dates of his birth and death;
a portrait of the deceased; and
the name of the family erecting the headstone or tablet,
shall be deemed to be a monument. (L.N. 206 of 1972)
The Director may, subject to subsections (1A), (2), (3) and (4), remove and dispose of—
any grave covering which has been constructed over a grave opening in contravention of section 7A(1); or
any monument, headstone or tablet which has been erected upon any grave in a public cemetery or altered or added to in contravention of section 8(1), (1A), (3), (4) or (5). (78 of 1999 s. 7)
Subsection (1) does not apply if the grave covering was constructed over a grave opening or the monument, headstone or tablet was erected upon a grave, or altered or added to—
before 23 March 1979, in a public cemetery in the area known as the Urban Council area immediately before the commencement* of this subsection; or
before 2 March 1979, in a public cemetery in the area known as the Regional Council area immediately before that commencement*. (78 of 1999 s. 7)
The power in subsection (1) shall not be exercised by the Director unless he has by notice in writing required the addressee of the notice either to modify the grave covering, monument, headstone or tablet so that it conforms with this Regulation, or to remove and dispose of the same, and the modification or removal has not been carried out within such reasonable time as may be allowed therefor in the notice.
The addressee of a notice under subsection (2) shall be the next of kin named in the entry in the register, kept under section 4, relating to any deceased person whose remains have been interred in the grave upon which the grave covering, monument, headstone or tablet has been constructed, erected or altered, and the said notice shall be sent by post to the addressee at the address shown in the register.
The notice shall also be posted in some conspicuous place on the grave covering, monument, headstone or tablet.
Any person modifying, removing or disposing of a grave covering, monument, headstone or tablet pursuant to a notice under subsection (2) shall carry out the work in accordance with the directions, and subject to the supervision, of an officer of the Food and Environmental Hygiene Department.
If no next of kin is named in the register referred to in subsection (3), the Director may exercise the power in subsection (1) without giving notice under subsection (2).
(L.N. 79 of 1979; 78 of 1999 s. 7)
Any article, whether movable or immovable, which is placed above, inside, near or in the vicinity of any grave in a public cemetery shall be there at the risk of the owner of such article, and neither the Government nor the Director shall be liable for any loss of or damage to such article arising from any cause.
(Revoked L.N. 292 of 1977)
No person shall, in any public cemetery— (L.N. 273 of 1996)
sell or let for hire, or expose for sale or letting for hire, any article or thing without the consent of the Director;
post, affix or distribute any handbill, card, circular or advertisement of any kind whatsoever;
hold, promote or take part in any public meeting, other than a meeting of a religious or commemorative nature relating to the death of any person whose human remains have been buried or otherwise disposed of in the cemetery;
wilfully disturb or interfere with any funeral service or procession or any religious or commemorative meetings;
discharge any firearm, except in the proper performance of a military funeral;
wilfully or carelessly deface, injure, soil or defile any slope, wall or fence in or enclosing the cemetery, or any part thereof, or any grave, vault, urn, burial niche, barrier, railing, post, seat, boundary stone, monument, headstone, tablet, ornament, tree, shrub or ornamental plant; (L.N. 273 of 1996)
climb any wall or fence in or enclosing the cemetery, or any part thereof, or any tree, barrier, railing, pole, monument, headstone, tablet or ornament;
behave in a noisy or unseemly manner;
carry out any earth excavation without the written permission of the Director; or (L.N. 273 of 1996)
organize, carry out or take part in making any film without the written permission of the Director. (L.N. 273 of 1996)
Subject to subsection (2), the prescribed fee is payable to the Director for the burial of human remains, the setting up of any monument or enclosure over or around any grave and the construction of any vault or urn. (78 of 1999 s. 7)
No fee shall be payable in respect of the interment of a pauper. (L.N. 206 of 1972)
(Repealed 78 of 1999 s. 7)
Any person who contravenes any of the provisions of section 11 shall be guilty of an offence and shall be liable on summary conviction to a fine at level 2. (L.N. 307 of 1987)
Any person who—
fails to comply with any direction given by the Director under the provisions of section 3(b);
for the purpose of obtaining the permission of the Director for the interment in a public cemetery of the human remains of any person, makes any declaration or statement which he knows, or has reason to believe, to be false in a material particular;
contravenes any of the provisions of section 7(1) or (2), 7A(1), (2) or (2A), 8(1), (1A) or (5) or 8A(5); or (L.N. 79 of 1979)
fails to comply with any conditions or restrictions imposed by the Director under the provisions of section 7(2) or 8(1),
shall be guilty of an offence and shall be liable on summary conviction to a fine at level 3. (L.N. 206 of 1972; L.N. 307 of 1987)
Without prejudice to the provisions of any other enactment relating to the prosecution of criminal offences and without prejudice to the powers of the Secretary for Justice in relation to the prosecution of such offences, prosecutions for an offence under any of the provisions of this Regulation may be brought in the name of the Director.
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| Section of Cemetery | Grave No. | Name and surname of person buried (BLOCK LETTERS) | Trade, profession or occupation (of the parents in the case of a child) | Age of person buried | Sex of person buried | Date of death | Death registration number or burial order number | Date of registration or date of order to bury | Permanent address of deceased (abode) | Address at which death occurred | Date of interment | Name and address of undertaker | Name and address of next of kin of deceased | By whom the ceremony was performed | EXHUMATION | ||||
| Date | For removal to | File reference | Remarks | ||||||||||||||||
(Repealed L.N. 285 of 1995)