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A spokesman for the Food and Health Bureau today (December 17) reminds members of the public again to be cautious and vigilant when purchasing or renting private columbaria niches and refrain from making any rash decision. Since the purchase or rental of niches is a matter of private contracts, consumers are advised to ascertain if consumer protection terms are included, and to seek independent legal opinions if they have any queries.
Recently, another monastery was found unlawfully occupying unleased government land to operate a private columbarium. The Lands Department has taken land control actions against the monastery in accordance with the Land (Miscellaneous Provisions) Ordinance (Cap. 28). The Department has posted a notice at the monastery, requiring the operator concerned to stop occupying the unleased government land before the date specified in the notice, the spokesman said.
The Government reiterated that it was the responsibility of the columbarium operators to properly handle sold niches, irrespective of whether ashes were kept inside or not. While following up the enforcement actions, the Government will also urge the monastery concerned to liaise with the affected descendants and discuss with the relevant persons the arrangements on relocating the ashes as soon as possible.
"The Legislative Council (LegCo) is now scrutinising the Private Columbaria Bill. Private columbaria must be issued with a licence, exemption or temporary suspension of liability before they can continue to be in operation after the Bill comes into operation," the spokesman said.
Subject to the passage of the Bill, columbaria ceasing operation should issue a commencement notice concerning the ash disposal, handle the ashes and claims concerned in accordance with the intention stated in the notice, and deliver a record of disinterment to the Government. The claim period set for the return of ashes should be at least 12 months (that is to say, to include Ching Ming Festival and Chung Yeung Festival). This is to allow sufficient time for the affected persons to have opportunities to learn of the message concerning the cessation of operation and to take follow-up actions. The Bill also clearly prescribes that the above requirements do not affect any claim for compensation arising out of a contract for a breach of the seller's obligation in connection with the handling of ashes.
"Even before the Bill is passed in the LegCo and comes into operation, private columbaria operators are required to comply with all current statutory and government requirements, including town planning, landuse and building safety requirements. In accordance with the relevant legislation and prevailing enforcement policies, government departments will continue to take enforcement actions against unauthorised private columbaria with a view to urging them to rectify any breaches of the statutory and government requirements."
The spokesman noted that members of the public should ascertain from private columbaria operators, when necessary, how they would properly handle the sold niches, irrespective of whether ashes were kept inside or not. They also need to learn more about whether the interests of the affected consumers are protected and the relevant arrangements, including whether and how a refund or compensation would be made.
As regards the ways to handle the interred ashes after a columbarium has ceased operation, the Government's stance is that human remains and ashes should be disposed of in a decent manner. In other words, the columbarium must handle the ashes having regard to the respect for, and the dignity of, the deceased concerned.
Ends/Thursday, December 17, 2015
Issued at HKT 20:53
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