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Following is a question by the Hon Mrs Regina Ip and a written reply by the Secretary for the Civil Service, Mr Paul Tang, in the Legislative Council today (April 17):
Question:
The Junior Police Officers' Association of the Hong Kong Police Force (JPOA) has relayed to me issues concerning burial at Gallant Garden for police officers who died on duty. The JPOA has pointed out that, under the existing policy, the remains of police officers who died on duty and had not been awarded a bravery medal have to be exhumed, after six years of burial at Gallant Garden, for re-interment in permanent urn (commonly known as "kam tap") spaces or columbarium niches in the Garden after cremation. The JPOA has indicated that relocating the remains of civil servants who died on duty from earth burial spaces of two feet times six feet to kam tap spaces of two feet times two feet located only less than 10 metres away cannot really conserve the land resources at Gallant Garden effectively. However, the arrangement shows no respect to those who sacrificed their lives for Hong Kong and also brings grief to their family members again. On the other hand, at present, all civil servants who died on duty while performing "exceptional bravery acts" in their final duties and posthumously awarded a bravery medal by the Chief Executive are given permanent earth burial. In this connection, will the Government inform this Council:
(a) of the respective numbers of earth burial spaces, kam tap spaces and niches for remains after cremation at Gallant Garden, as well as those which have been taken up at present; the current number of permanent earth burial spaces and the percentage of such number in the total number of earth burial spaces;
(b) of the definition for "exceptional bravery acts"; the difference between such definition and that for "death on duty", and whether the authorities have classified the acts associated with "death on duty" into "bravery" and "non-bravery" acts;
(c) given that at present, the authorities have already stipulated the condition for civil servants who died on duty to be buried at Gallant Garden, i.e. a civil servant who "dies as a result of injuries received in the actual discharge of his duty; without his own serious and wilful misconduct; and on account of circumstances attributable to the nature of his duty", of the reasons why there are different earth burial arrangements for civil servants who died on duty while performing bravery acts and those who died on duty and have equally met such condition;
(d) given that the JPOA has suggested that the authorities allow all civil servants who "sacrificed their lives for Hong Kong" to be given permanent earth burial at Gallant Garden and that "to have sacrificed lives for Hong Kong" should be defined as "a civil servant who loses his life as a result of unexpected reasons while discharging operational duties, or who courageously stands against danger and gives his life eventually", whether the authorities have commenced relevant studies in response to such suggestions, and if the results of the studies reveal that the authorities, due to prevailing legal principles and inability to effect legislative amendments, are unable to allow permanent earth burial for all civil servants who died on duty, whether the authorities will make reference to the practices of foreign countries (e.g. constructing private graveyards), so as to allow permanent earth burial for all civil servants who died on duty; and
(e) given that at present, the expenses for exhumation and relocation, after six years of burial, of the remains of civil servants who died on duty are borne by the family members concerned, whether the authorities will consider paying the expenses on their behalf (especially those families which have lost their major bread winners)?
Reply:
President,
(a) "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. There are 110 earth burial spaces, 165 urn spaces and a columbarium of 120 niches in the Garden. So far, among the 110 earth burial spaces in "Gallant Garden", 32 have been taken up and 16 of these are permanent earth burials. Fourteen urn spaces and 11 niches have also been taken up respectively.
(b) 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". This could include cases where an officer suffered a heart attack in his office and subsequently passed away or where an officer was killed in a traffic accident while performing outdoor duties. 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". As regards what constitutes an "exceptional act of bravery", according to the decision of the Chief Executive-in-Council in September 2000, such an act should be recognisable by the posthumous award of a bravery medal granted by the Chief Executive on the recommendation of the Honours Committee.
At present, the posthumous award of a bravery medal granted by the Chief Executive on the recommendation of the Honours Committee is already an objective and credible yardstick for honouring bravery acts performed by individuals which is applicable to both civil servants and members of the public. Civil servants who die on duty and are posthumously awarded a bravery medal are eligible for permanent earth burials in "Gallant Garden". As regards those citizens who die whilst performing exceptional acts of bravery and are posthumously awarded a bravery medal, they are eligible for permanent earth burials in a burial ground set aside in the Wo Hop Shek Public Cemetery, named "Tribute Garden".
(c) 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 prevailing six-year exhumation policy, which applies to all public cemeteries, is also applicable to earth burials in Gallant Garden. At the end of the six-year period, the remains of a civil servant died on duty and buried in "Gallant Garden" have to be exhumed for re-interment in permanent urn spaces, or in niches after cremation, inside the Garden.
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 is likely to constitute discrimination within the meaning of Article 22 of the Hong Kong Bill of Rights (HKBOR) and Article 26 of the International Covenant on Civil and Political Rights (ICCPR). Article 26 of the ICCPR, which applies to Hong Kong and remains in force by virtue of Article 39 of the Basic Law, prohibits and protects against any discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Any differential treatment in respect of the remains of a deceased person on the basis of his employment status whilst alive is likely to constitute discrimination and contravene the above pieces of legislation.
In September 2000, the Chief Executive-in-Council approved the amendment to the six-year exhumation policy by allowing permanent earth burials in "Gallant Garden" for those civil servants who died while performing exceptional bravery acts in discharging their duties. An exceptional bravery act is deemed to be one that is recognised by the posthumous award of a bravery medal granted by the Chief Executive on the recommendation of the Honours Committee. As regards those members of the public who died whilst performing exceptional acts of bravery and are posthumously awarded bravery medals, they are eligible for permanent earth burials in "Tribute Garden". This arrangement is in compliance with the ICCPR and the HKBOR since the exemption to the six-year exhumation policy is applicable both civil servants and members of the public.
(d) We understand that the Junior Police Officers' Association of the Hong Kong Police Force (JPOA) has called for extending the treatment of "permanent earth burial" to all civil servants who "sacrificed their lives for Hong Kong" while on duty. However, we find the definition of someone who has "sacrificed (his) life for Hong Kong" abstract. For instance, the JPOA suggests that it should be defined as "a civil servant who loses his life as a result of unexpected reasons while discharging operational duties, or who courageously stands against danger and gives his life eventually". There may be many "unexpected reasons" that may lead to "losing one's life". The JPOA's suggestion may practically mean that all civil servants who die on duty have to be given permanent earth burials in public cemetery. Moreover, to comply with the relevant legislation, the same standard must also be applicable to all members of the public. As for "courageously standing against danger and giving one's life eventually", it is very similar to the notion underlying the posthumous award of a bravery medal granted by the Chief Executive for bravery acts, which is widely accepted by the public.
According to the information we have collected on overseas practices, national cemeteries mainly cater for members of the military forces who died for sake of the country or veterans. As regards the proposal of building private cemeteries, we have serious reservation. Due to limited land resources in Hong Kong, the Government has not approved the designation of any land for private cemeteries since 1976 to encourage cremation in pursuance of the decision of the former Executive Council. The ideas of designating Gallant Garden as a private cemetery or building new private cemeteries do not comply with the said policy, and also make it difficult for the Government to turn down similar applications from other organisations.
We consider the present policy on earth burials in "Gallant Garden" strikes the right balance between all the relevant considerations, including giving due respect to civil servants who died on duty, drawing distinction between civil servants who died on duty and those who died while performing exceptional acts of bravery, recognising the scarcity of land in Hong Kong, and complying with the law. Therefore, the Government has no intention to change the existing policy.
(e) 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 of the grant is $70,000. 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 may provide assistance to the family of the deceased upon request.
Ends/Wednesday, April 17, 2013
Issued at HKT 14:31
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