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Following is a question by the Hon Lau Kong-wah and a written reply by the Secretary for Food and Health, Dr York Chow, in the Legislative Council today (November 19):
Question:
Regarding the regulation of commercially-operated private columbaria, will the Government inform this Council:
(a) whether it has assessed if the number of niches currently provided by the Government in various districts can meet the demand;
(b) whether it knows the existing number of private columbaria;
(c) of the number of enquiries or complaints about private columbaria received over the past three years and the follow-up actions taken;
(d) whether it has studied if the number of private columbaria is on the increase; and
(e) whether it will consider establishing a licensing system to regulate private columbaria; if it will not, of the reasons for that?
Reply:
President,
On five parts of the question raised by the Member, our reply is as follows -
(a) There are eight cemeteries under the Food and Environmental Hygiene Department (FEHD) providing a total of about 146,000 niches for allocation to the public on application. At present, the public niches provided by FEHD have all been sold. It is anticipated that about 59,000 new public niches will be available in the coming five years, while the projected number of cremations over the same period of time will amount to about 195,000. The progress in providing new public columbaria is primarily constrained by the limited land resources in Hong Kong and the strong objections from local residents against columbarium developments. As a result, a number of projects could not commence. In fact, apart from public niches, niches are also provided by the non-governmental Board of Management of the Chinese Permanent Cemetery (BMCPC), cemeteries managed by religious bodies such as Catholic, Protestant and Buddhist organisations and in premises managed by private entities (e.g. Po Fook Hill at Sha Tin, monasteries, nunneries, etc.). Moreover, the public could also opt to handle the cremains of their ancestors through alternative means, such as scattering the cremains at the sea or in Gardens of Remembrance.
(b) The Government does not maintain comprehensive statistics on the number of private columbaria.
(c) FEHD has received a total of 17 enquiries or complaints from members of the public against private columbaria since 2006. After receiving a complaint, FEHD will investigate if the operation of the private columbarium concerned has caused any environmental hygiene problems, and will also refer the case to the land authority for follow-up action on whether land use requirements have been violated.
Departments handling lands and planning issues receive from time to time enquiries or complaints, including those referred from other government departments, about private columbaria encroaching on government land, contravening the Town Planning Ordinance (TPO), or operating in unauthorised building works. However, the departments have not maintained any actual statistics on the number of such complaint cases received directly or indirectly through other channels (such as the media). The relevant departments will exercise the powers conferred upon them by the land lease, TPO and the Buildings Ordinance, and take action against any unauthorised building works or unauthorised developments contravening the planned use or the land lease, or posing imminent danger to life or property, in accordance with established procedures.
(d) As mentioned in part (b), the Government does not maintain comprehensive statistics on the number of private columbaria. It is also uncertain as to whether there has been an increase in the number of private columbaria. That said, it is understandable that the community has a certain demand for private columbaria, as private columbaria offer value-added services that public columbaria do not provide, such as daily incense and offerings. As a matter of fact, public columbaria could only provide a limited number of niches.
(e) Storage of cremains does not give rise to any public health concerns. Hence, the Government has not enacted any legislation to regulate private columbaria from this perspective.
Other relevant departments will handle issues, enquiries and complaints relating to private columbaria in accordance with legislation and administrative procedures under their purview.
Ends/Wednesday, November 19, 2008
Issued at HKT 12:56
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