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Following is a question by the Dr Hon Lam Tai-fai and a written reply by the Secretary for Food and Health, Dr Ko Wing-man, in the Legislative Council today (November 27):
Question:
With an ageing population in Hong Kong, it is anticipated that the demand for columbarium niches will continue to increase. The Government has identified 24 potential sites across the 18 districts of the territory for columbarium development to meet the demand. Moreover, the Private Columbaria Bill to be introduced by the Government into the Legislative Council in the second quarter of next year will propose a statutory licensing scheme for private columbaria. On the other hand, it has been reported that some unauthorised private columbaria have illegally occupied government land for many years. Despite the long expiry of the deadlines specified in the removal orders issued by the Government, the Government has procrastinated in taking law enforcement actions, causing dissatisfaction among the local residents. In this connection, will the Government inform this Council:
(a) of the respective numbers of niches currently provided by all public and private columbarium facilities in Hong Kong, broken down by District Council (DC) district;
(b) whether it has projected the demand for columbarium niches as well as the number of niches that can be provided by public and private columbarium facilities in the territory in the coming five years; if it has, of a breakdown of such numbers by DC district; if not, the reasons for that;
(c) of the current total number of columbaria which are illegally occupying government land, or are operated illegally in private, commercial and industrial buildings, as well as the number of niches provided by such columbaria, broken down by DC district; the respective numbers of law enforcement actions taken and removal orders issued by the authorities against such illegal columbaria in each of the past three years; the grace period generally given in such removal orders, and the number of illegal columbaria cleared in compliance with the removal orders;
(d) of the respective numbers of niches expected to be provided by the columbarium facilities to be developed at the aforesaid 24 potential sites as well as their completion timetables, broken down by DC district;
(e) given that by 2041, according to the consultation document on population policy recently published by the Government, about one in three persons of Hong Kongˇ¦s population will be aged 65 or above, of the number of years that the authorities anticipate the needs can be met by the existing niches and those under planning, and whether such niches will be able to meet the demand arising from the ageing population;
(f) of the conditions to be met by the 96 private columbaria (the number as at September this year) listed in Part B of the Government's Information on Private Columbaria (i.e. those columbaria that do not fall under Part A which sets out the columbaria that are "compliant with the user restrictions in the land leases and the statutory town planning requirements and are not illegally occupying government land") for them to be allowed by the Government to operate legally;
(g) as the demand for niches is very keen, whether the Government will regulate the prices of private niches to prevent speculative activities; if it will, of the details; if not, the reasons for that;
(h) whether the authorities will consider granting exemption from compliance with the new licensing scheme to those private columbaria which meet certain conditions (such as being operated by charitable organisations, funeral parlours or undertakers, or providing niches up to a certain specified number, or having been operated for a long period of time); if they will, of the details; if not, the reasons for that;
(i) as the authorities have, in response to some private columbaria offering members of the public guarantees for "full refund" or "replacement niches", reminded the public that "they should pay due attention to the risks inherent in purchasing niches from columbaria that do not comply with the relevant statutory and Government requirements. Members of the public are advised to make enquiries with the operators concerning the details of any guarantee, and how such guarantees would be honoured", whether the authorities have taken law enforcement actions against such columbaria that do not comply with the relevant statutory requirements so as to avoid members of the public from being misled into believing their guarantees; if they have, of the details; if not, the reasons for that;
(j) as the authorities have indicated that they will actively explore various new measures, including (i) the designation of different worship periods for different blocks of niches so as to divert traffic and visitor flows; and (ii) the introduction of time-limited occupation of new niches, with post-occupation re-use through renewal or re-allocation, so as to increase the supply of niches, whether the authorities have conducted any feasibility study on such measures; if they have, of the details, and if the outcome of such study is that they are feasible, of the anticipated implementation time; if they have not conducted such study, the reasons for that;
(k) as I have learnt that some members of the Sha Tin DC have demanded that when the authorities implement the construction of public columbarium facilities on the two selected sites in Sha Tin, they should at the same time make improvements to the ancillary transport facilities of the district, whether the authorities will accede to such demand; if they will, of the details and timetable; if not, the reasons for that; and
(l) as the Government is conducting a feasibility study on the project for the construction of a public columbarium facility on the selected site in Tai Po, of the latest progress of the study, and whether it has assessed the difficulties it may encounter?
Reply:
President,
The Legislative Council (LegCo) Panel on Food Safety and Environmental Hygiene (the Panel) discussed the paper submitted by the Food and Health Bureau at the meeting held on November 19, 2013 on issues relating to the regulation of private columbaria and increasing supply of public niches.
My reply to the question raised by the Member is as follows:
(a) Currently, there are about 213 300 niches in the eight public columbaria under the management of the Food and Environmental Hygiene Department (FEHD). Most of the niches have been allocated, except for some 30 500 new niches that are currently open for allocation. In addition, about 300 niches that may be re-used are available each year for allocation to applicants on the waiting list.
Apart from public niches, there are 18 columbaria within the private cemeteries specified in Schedule 5 to the Public Health and Municipal Services Ordinance (Cap. 132). These columbaria are mainly operated by religious or ethnic bodies on a non-profit-making basis. Among them, the Board of Management of the Chinese Permanent Cemeteries (BMCPC), established under the Chinese Permanent Cemeteries Ordinance (Cap. 1112), operates four cemeteries cum columbaria and provides some 224 800 niches. Other than the availability of a small number of niches that may be re-used, all the niches have been allocated. In addition, the cemeteries operated by religious bodies such as the Catholics, Christians and Buddhists provide about 126 700 niches in total. Of these, some 28 400 niches have yet to be allocated.
For details on the aforesaid supply of niches, please refer to Annex 1. The Government does not keep statistics on the number of niches provided on premises that are outside private cemeteries and operated by other private organisations.
(b) According to the Census and Statistics Department, the number of deaths in the next five years (i.e. 2014 to 2018) is estimated to be around 233 600. The number of cremations in the same period is projected to be 215 875. Based on past experience, the demand for niches provided by the Government and the BMCPC is equivalent to about 40% of the number of cremations, which accordingly would amount to some 86 350 niches.
For the next five years, the stock of confirmed supply under the FEHD's disposal includes some 30 500 niches now under allocation (as mentioned in part (a) above) and some 1 000 new niches that will become available in the Cheung Chau Cemetery extension soon to be completed. For the 24 potential sites identified in 18 districts, apart from the confirmed supply, the Government is actively following up the columbarium development in the remaining projects. Over the same five-year period, the BMCPC will provide some 34 400 new niches.
In the next five years, the cemeteries operated by the religious bodies (including the Catholics, Christians and Buddhists) are expected to provide, in total, about 50 260 new niches, on top of some 28 400 niches that are yet to be allocated (as mentioned in part (a) above).
For details on the aforesaid supply of niches over the next five years, please refer to Annex 2. The Government does not keep statistics on the number of niches provided on premises that are outside private cemeteries and operated by other private organisations for the next five years.
(c) To help the public make informed choices, the Development Bureau (DEVB) has published, with updates on a quarterly basis, "Information on Private Columbaria", containing the relevant land/lease (user restrictions) and planning information relating to those private columbaria that are known to the Lands Department (LandsD) or Planning Department (PlanD) and believed to be operating as columbaria (hereinafter referred to as "the List"). Part A of the List sets out those private columbaria which are compliant with the user restrictions in the land leases, statutory town planning requirements, and are not illegally occupying Government land. Part B of the List sets out other private columbaria which are not included in Part A. The breakdown of private columbaria on Part B of the List (as per the version published on September 30, 2013) by district is set out in Annex 3.
Enforcement actions taken by the Government in the past three years are set out below :
Buildings Department (BD)
The number of removal orders issued by the BD in relation to unauthorised building works (UBWs) in the past three years is two in 2011, one in 2012 and one in 2013 (involving one private columbarium each year). In the past three years, in respect of the removal orders served, no demolition works on UBWs served with such orders have been completed, but the operators of two private columbaria have appointed building professionals to take follow-up actions in response to the removal orders. Generally, the owner needs to complete the required demolition works within 60 days from the date of the removal order. If the owner, without reasonable excuse, fails to comply with the removal order, the BD may bring prosecution against the owner under the Buildings Ordinance. In the past three years, the BD brought prosecutions against five private columbaria for non-compliance with six removal orders (including the afore-mentioned removal orders issued between 2011 and 2013, as well as removal orders issued before 2011).
PlanD
The Town Planning Ordinance empowers the Planning Authority to take enforcement actions against unauthorised developments in areas in the rural New Territories within Development Permission Areas Plans or subsequently covered by Outline Zoning Plans. The Planning Authority may issue enforcement notices under section 23(1) to a land owner, an occupier or a person who is responsible for the relevant matters, requiring the parties concerned to discontinue the unauthorised developments by a specified date. Anyone who fails to comply with the requirement of the enforcement notices may be subject to prosecution.
In the past three years, the Planning Authority took enforcement actions against three private columbaria for unauthorised developments and issued enforcement notices to the persons concerned, requiring them to discontinue the relevant unauthorised developments within six or nine months of the date of the enforcement notices. In one case, the persons concerned have removed the unauthorised developments as required. As regards the other two cases, enforcement actions are being carried out.
LandsD
According to the updated List as at September 30 , 2013, there are 12 private columbaria that involve illegal occupation of Government land. In the past three years, the LandsD posted two notices in 2011; 21 notices in 2012; and 12 notices in 2013 under section 6(1) of the Land (Miscellaneous Provisions) Ordinance, requiring the relevant occupiers to cease the occupation of the land concerned before a specified date (depending on the cases, the time allowed ranged from a few days to four months). By now, three private columbaria have completely ceased the occupation of Government land, while some other private columbaria have ceased the occupation of part of the Government land. The LandsD has successfully prosecuted three private columbaria for failure to comply with the notices or failure to seek regularisation.
In general, depending on the actual circumstances (including whether ashes of the deceased are stored on the land concerned and the sets of ashes involved, etc.), the LandsD would allow a reasonable period of time for the relevant occupiers to relocate the ashes and make arrangements for other related matters. If the concerned columbarium applies for regularisation, the LandsD will consider the application in accordance with the applicable procedures.
(d) The Government has identified 24 potential sites in all 18 districts for developing columbarium facilities. Whether these sites could eventually be used for the purpose will depend on the results of technical feasibility studies and traffic impact assessments (where applicable). Upon completion of the relevant studies, the FEHD will consult the District Councils (DCs) concerned before confirming the use of the sites for columbarium development. Subject to the support of DCs and the LegCo for the projects in the pipeline, the cumulative supply of new niches will amount to hundreds of thousands by 2031. Details are set out in Annex 4.
(e) The Government will adopt a multi-pronged approach to tackle the issue, including promoting "green burial", pressing ahead with sustainable public columbarium development, following up on enforcement actions, strengthening public education and the regulation of private columbaria.
To increase the supply of columbarium facilities, the Government is forging ahead with the initiatives mentioned in item (d) above. We will continue to identify suitable sites for columbarium development, and study the feasibility of various options enabling sustainable public columbarium development, including setting limits on worship periods during the Ching Ming and Chung Yeung Festivals; and introducing time-limited (but renewable) occupation of newly allocated niches.
In addition, the Government is striving to promote "green burial" by encouraging the public to use more environmentally friendly and sustainable means of disposal of human ashes. Key initiatives in this respect include building more gardens of remembrance, providing free ferry service for scattering ashes at sea, launching a memorial website to encourage people to pay tribute online and enhancing public education to foster the necessary mindset change. Through such initiatives, it is hoped that "green burial" could in time become one of the mainstream burial modes.
(f) For the 96 private columbaria on Part B of the List, they have to comply with the user restrictions in the land leases as detailed in the land/lease information, as well as the statutory town planning requirements in the town planning information, and must not be illegally occupying Government land before they can be moved to Part A of the List. At the same time, the operation of all trades in Hong Kong, including the columbarium trade, must be compliant with the statutory and other requirements of the Government, such as building safety and fire safety, etc.
The Government is drafting the Private Columbaria Bill (the Bill) to implement a statutory licensing scheme. Under the Bill, we propose that no person may be engaged in the operation of a private columbarium in Hong Kong, unless such operation is covered by a licence, an exemption or temporary suspension of liability.
(g) Operating a private columbarium is a commercial act. The Government has no intention to regulate the prices concerned. We will endeavour to spruce up the supply of public niches, in the interest of serving those members of the public who do not intend to patronise private columbaria.
(h) In our submission to the Panel, we propose that the following categories of private columbarium operations be exempted from the licensing scheme:
(i) columbaria located within private cemeteries listed in Schedule 5 to the Public Health and Municipal Services Ordinance (Cap. 132); or columbaria managed by the BMCPC outside its private cemeteries, with such columbaria still being subject to the regulation of the Private Cemeteries Regulation (Cap. 132BF);
(ii) the operations of 81 existing undertakers of burials whose licences do not debar temporary storage of ashes within their premises, subject to application and conditions; and
(iii) private columbaria that meet the following criteria, subject to application and conditions:
* they do not pose obvious hazard or imminent danger in terms of building and fire safety;
* they have commenced columbarium operation before a specified cut-off date; and
* they have ceased the sale of niches before another specified cut-off date.
(i) The operation of all trades in Hong Kong, including the columbarium trade, must be in compliance with the statutory and other requirements of the Government. Subject to the requirements of relevant legislation and administrative measures, government departments concerned will continue to take enforcement actions under their respective mandate against unauthorised private columbaria.
Consumer education has been enhanced. Announcements in the Public Interest have been broadcast on television and radio over the past two years, and a pamphlet has also been published on the Government's websites and distributed through various channels since mid-2011, giving advice to consumers, highlighting areas that they should watch out for, and reminding them to consider seeking advice from professionals should there be any doubt or uncertainty. In various updated versions of the pamphlet, we have reminded consumers to refrain from making any purchase rashly.
(j) The Government is actively exploring various options to increase the supply of niches and considering the implementation of new systems to alleviate the shortage in niche supply. These include setting limits on worship periods during the Ching Ming and Chung Yeung Festivals, and introducing time-limited (but renewable) occupation of newly allocated niches, with a view to reducing the constraints in transport and traffic capacity, easing the process of gaining local support, and developing the potential of the sites identified to the full. Rising to the challenges posed by the scarcity of land resources, we see a case for encouraging public deliberations over the question of whether we should bring in new and unconventional measures to sustain the supply of niches and meet the demand in a manner that gives due regard to local traditions.
On the proposal to set a time limit for occupation of niches, the Government notes that some niches have been left unattended after a certain period of time due to various reasons, such as migration of the descendants. This is particularly apparent when it comes to the third and fourth generations. For efficient use of land resources while taking into account the sentiment of the descendants, the Government is considering whether or not we should set a reasonable time limit for occupation of newly allocated niches (which may be renewed). The Government will vacate the niches for re-allocation if renewal application is not received upon the expiry of the time limit. Such a practice is being adopted in Mainland China and Singapore, for the purpose of ensuring that a sizeable number of niches would remain in circulation and available for sustainable use.
As regards the proposal to limit worship periods, the number of niches that may be provided in various selected sites is more often than not capped by constraints in terms of the transport and traffic capacity of the road networks near the sites. The Government is therefore considering whether, as a requirement applicable to new niches for allocation in the future, we should confine the worship periods for designated niches to either the Ching Ming or Chung Yeung Festivals. This would help reduce both vehicular and pedestrian flows during the grave-sweeping seasons, and bring the traffic impacts to within an acceptable level, thereby allowing more niches to be built.
The Government is keeping an open mind on the above proposals and will listen to the views of the public before finalising the details and reaching any decisions.
(k) Regarding the site on On Hing Lane in Shek Mun, Sha Tin which is next to the Sha Tin Refuse Transfer Station, the Government has completed the relevant assessments, including the one on traffic impact. The result of the traffic impact assessment shows that if road access restrictions are implemented in On Hing Lane during the Ching Ming and Chung Yeung Festivals, no significant impact will be exerted on the road network and pedestrian network in the vicinity. It is expected that a three-storey building may be built on the potential site to provide about 40 000 niches. The Government plans to consult the Sha Tin DC in 2014.
As for the potential site at the Fu Shan Columbarium extension in Sha Tin, the Government has completed the initial traffic impact assessment and is planning to carry out a further traffic impact assessment, with a view to developing the potential of the site to the full. The results are pending.
(l) Since the site at Tai Po is adjacent to and located on a landfill, an engineering feasibility study has to be conducted. The study covers technical assessments of transportation, drainage system, sewerage system, utilities, geotechnical investigation, environment, vision and landscape. The Civil Engineering and Development Department has commissioned an engineering consultant in August 2012 to conduct the engineering feasibility study, which is scheduled for completion around February 2014. Once the site is confirmed to be suitable for columbarium development, the relevant DC will be consulted. Subject to the support of the DC, the Government will in due course seek approval and funding from the Public Works Subcommittee/Finance Committee of the LegCo to commence the works.
Ends/Wednesday, November 27, 2013
Issued at HKT 19:50
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