New bill adjusts exemption criteria for private columbaria licence

It will allow ‘pre-cut-off columbaria’ to continue operation and avert ash disposal.

A new bill was published in the Government Gazette to amend the Private Columbaria Ordinance, proposing to enhance the current regulatory regime and strengthen the protection of consumers' interests.

The Environment and Ecology Bureau noted that since the implementation of the ordinance, some "pre-cut-off columbaria" currently applying for a licence may have to cease operation upon failure to obtain one.

The government therefore proposed to adjust the eligibility criteria for exemption to allow ‘pre-cut-off columbaria’ to continue operation and avert ash disposal.

The private columbaria must have commenced operation before the licencing system in 2014 and not be located in populated zones.

Second, the planning application submitted by the subject ‘pre-cut-off columbarium’ under the Town Planning Ordinance has been granted or accepted as of the bill’s commencement.

However, new sales or letting out of niches is not allowed, the bureau added.

The government will also increase penalties for non-compliance, introduce new offences, and prohibit overselling niches and the sale of interment rights when authorisation has been revoked.

Further, the bill will stipulate that the Private Columbaria Appeal Board may only receive and consider new materials that were never submitted upon special grounds being shown.

The bill will be introduced to the Legislative Council for its first and second readings on 18 December.