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LCQ19: Policy on burial in Gallant Garden
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     Following is a question by the Hon Priscilla Leung Mei-fun and a written reply by the Secretary for the Civil Service, Miss Denise Yue, in the Legislative Council today (May 6):

Question:

     At present, the remains of deceased civil servants who died on duty and had been buried for six years in Gallant Garden have to be exhumed for re-interment in permanent urn spaces or columbarium niches there after cremation. Yet, civil servants who died while performing exceptional bravery acts in their final duties may be given permanent earth burial in Gallant Garden. Some staff members of the disciplined services have recently relayed to me their views that such an arrangement labels civil servants who died on duty as brave and non-brave types. Moreover, the six-year exhumation arrangement not only shows no respect to the deceased but also reminds their relatives of their grief. In this connection, will the Government inform this Council:

(a)  of the number of earth burial spaces which have been taken up, as at the end of April this year, among the 110 earth burial spaces in Gallant Garden;

(b)  given that at present, the authorities have already stipulated the condition for civil servants to be buried in Gallant Garden (i.e.they have died as a result of injuries received in the actual discharge of their duties, without their own serious and wilful misconduct, and on account of circumstances attributable to the nature of their duties), why the authorities still give different treatments to civil servants who died while performing bravery acts and other civil servants who also died on duty;

(c)  whether the costs for exhumation after six years of burial and relocation are at present borne by the Government or by the relatives concerned; and

(d)  whether it will consider abolishing the policy of differential treatments and allowing all civil servants who died on duty to be given permanent earth burial in Gallant Garden; if it will, when it will be implemented; if not, of the reasons for that?

Reply:

President,

     "Gallant Garden" is an area set aside by the Government in the Wo Hop Shek Public Cemetery in 1996 for the burial of civil servants who died on duty. It has earth burial spaces, urn spaces, and niches for remains after cremation.

     A civil servant who died as a result of injuries received in the actual discharge of his duties and not due to his own serious and wilful fault is considered to have "died on duty". Upon confirmation by the head of department concerned that the deceased civil servant has died on duty and upon request from the family, the deceased civil servant is eligible to be buried in "Gallant Garden".

     Due to limited land for earth burials, all earth burials in public cemeteries have been subject to the six-year exhumation policy since 1976. As "Gallant Garden" is part of the Wo Hop Shek Public Cemetery, the earth burials therein are also subject to the six-year exhumation policy. At the end of the six-year period, the remains of a deceased civil servant buried at "Gallant Garden" have to be exhumed for re-interment. The choices of location for re-interment of the remains include permanent urn spaces, or niches after cremation, provided in "Gallant Garden". In September 2000, the Chief Executive-in-Council amended the six-year exhumation policy applicable to "Gallant Garden" by allowing permanent earth burials for those civil servants who died on duty while performing exceptional bravery acts in their final duties. An exceptional bravery act is deemed to be one that is recognised by the posthumous award of a bravery medal by the Chief Executive. As regards those citizens who died or were killed whilst performing exceptional acts of bravery and were posthumously awarded bravery medals, they are eligible for permanent earth burials in another burial ground set aside in the Wo Hop Shek Public Cemetery, named "Tribute Garden".

     The consolidated replies to the questions are in the ensuing paragraphs:

     As at end April 2009, 28 of the 110 earth burial spaces in "Gallant Garden" have been taken up; of these, 15 are permanent earth burials;

     According to legal advice, allowing permanent earth burials in public cemetery for the remains of the civil servants who have died on duty, but not for the remains of other persons who have died on duty may constitute discrimination and may contravene Article 26 of the International Covenant on Civil and Political Rights and Article 22 of the Hong Kong Bill of Rights.  In view of the need to strike the right balance between the earth burial policy and the scarcity of land for earth burials in Hong Kong, the provisions of the relevant International Covenant and Bill of Rights, and the feeling of the family members of the deceased civil servants who died on duty while performing exceptional bravery acts in their final duties, the Administration has decided that permanent earth burials in "Gallant Garden" are only applicable to those civil servants who died on duty while performing exceptional bravery acts. The Administration has no intention to change the existing policy; and  

     The family of a civil servant who died on duty will receive a funeral grant from the Government on a reimbursement basis.  The existing upper limit for the funeral grant is $55,500. If the remains are required to be exhumed and re-interred at the end of the six-year period, the relevant cost is borne by the family of the deceased. If necessary, the department to which the deceased civil servant belonged while alive will provide assistance to the family of the deceased upon request to settle the cost in part or in full.

Ends/Wednesday, May 6, 2009
Issued at HKT 14:31

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