Cap. 132CB 《殮葬商規例》Undertakers of Burials Regulation

生效中

版本日期: 2019-09-19

Undertakers of Burials Regulation

[1 June 1982] L.N. 178 of 1982

(Format changes—E.R. 4 of 2019)

Editorial Note: The title of this Regulation was amended from “Undertakers of Burials (Regional Council) By-laws” to “Undertakers of Burials Regulation” — see 78 of 1999 s. 7.

1.

(Repealed 78 of 1999 s. 7)

2.

(Repealed 78 of 1999 s. 7)

3. Interpretation

In this Regulation, unless the context otherwise requires— (78 of 1999 s. 7)

burial (埋葬) includes cremation; Director (署長) means the Director of Food and Environmental Hygiene; (78 of 1999 s. 7) licence (牌照) means a licence issued under section 92AB of the Ordinance; (78 of 1999 s. 7) undertaker of burials (殮葬商) means a person whose trade or business it is to undertake all or any duties connected with the burial of human cadavers and includes a funeral director.

(78 of 1999 s. 7)

4. Licence, fee and term

(1)

The fee for a licence shall be the prescribed fee. (L.N. 213 of 1983; L.N. 39 of 1987; L.N. 105 of 1989; L.N. 62 of 1991; L.N. 67 of 1993; L.N. 149 of 1994; L.N. 93 of 1995; 78 of 1999 s. 7)

(2)

A licence shall be valid for a period of 1 year from the date of issue.

5. Application for licence

An application for a licence shall be made in writing to the Director in the form prescribed by him.

(10 of 1986 s. 32; 78 of 1999 s. 7)

6. Fee for duplicates, and for amendment of licence

If the Director is satisfied that a licence granted or transferred to any person— (10 of 1986 s. 32)

(a)

has been lost, destroyed or accidentally defaced; or

(b)

requires amendment,

he may, upon payment of the prescribed fee, issue to such person a duplicate of the licence or make the amendment, as the case may be. (L.N. 213 of 1983; L.N. 39 of 1987; L.N. 69 of 1988; L.N. 105 of 1989; L.N. 62 of 1991; L.N. 67 of 1993; L.N. 149 of 1994; L.N. 93 of 1995)

(78 of 1999 s. 7)

7. Refusals and revocations

The Director may refuse to grant or renew a licence, or may revoke a licence granted, to a person if he is under the age of 18 years or if, in the opinion of the Director, such refusal or revocation is in the public interest.

(10 of 1986 s. 32; 78 of 1999 s. 7)

8. Licence not to be altered or defaced

(1)

A person shall not alter, deface or make any erasure on a licence.

(2)

A person shall not use or have in his possession with a view to using a licence on which an erasure has been made or which has been altered or defaced unless—

(a)

the alteration is authorized; or

(b)

the licence has been defaced or damaged accidentally.

(78 of 1999 s. 7)

9. Premises not to be changed

The holder of a licence shall not, in carrying on the business of an undertaker of burials, use any premises as a place of business other than those specified in the licence.

10. Register

(1)

A licensed undertaker of burials shall keep a register either in the Chinese or the English language in which he shall correctly record the following particulars—

(a)

the name and address of the deceased;

(b)

the age or the approximate age of the deceased;

(c)

the sex of the deceased;

(d)

the date, place and cause of the death of the deceased;

(e)

the date and number of the death certificate and of any permit for the burial, cremation, importation into or removal from Hong Kong, as the case may be, of the remains of the deceased;

(f)

the name and address of the medical practitioner (if any) who certified as to the death of the deceased, and of the person signing any permit for burial, cremation, importation into or removal from Hong Kong, as the case may be, of such remains;

(g)

the name and address of the person (if any) who has undertaken to pay the charges (if any) to the undertaker of burials;

(h)

the method by which, and, as appropriate—

(i)

the cemetery and space, plot or grave number; or

(ii)

the crematorium; or

(iii)

the location of the burial site,

where, such remains were finally disposed of.

(2)

A licensed undertaker of burials shall cause every such register to be open to inspection at all reasonable hours by any health officer, health inspector, police officer or any public officer authorized for this purpose by the Director in writing. (10 of 1986 s. 32; 78 of 1999 s. 7)

11. Offences and penalties

Any person who contravenes section 8, 9 or 10 commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months.

(10 of 1986 s. 32; L.N. 321 of 1987; L.N. 177 of 1996; 78 of 1999 s. 7)

12. Form

The form of a licence shall be that in the Schedule.

13. Name in which proceedings for offences may be brought

Without prejudice to the provisions of any other enactment relating to the prosecution of criminal offences and without prejudice to the power of the Secretary for Justice in relation to the prosecution of such offences, prosecution for an offence under any of the provisions of this Regulation may be brought in the name of the Director.

(10 of 1986 s. 32; L.N. 362 of 1997; 78 of 1999 s. 7)

Schedule

[s. 12]

		Licence No.
Undertaker’s LicenceUNDERTAKERS OF BURIALS REGULATION
	of
(Name of Licensee)	(address)

is hereby licensed to conduct the business of an undertaker of burials at the following place or places of business—



until the . day of . 19. inclusive, subject to the provisions of the Public Health and Municipal Services Ordinance (Cap. 132) and relevant Regulation and to such requirements and conditions as are notified to the licensee in writing.
Dated this . day of . 19 .

	Director of Food and Environmental Hygiene

(L.N. 67 of 1985; 10 of 1986 s. 32; L.N. 140 of 1986; L.N. 587 of 1995; L.N. 164 of 1996; 78 of 1999 s. 7; E.R. 4 of 2019)