Cap. 1112 sub. leg. A

Chinese Permanent Cemeteries Rules(Cap. 1112, section 8) [12 December 1975](Format changes—E.R. 4 of 2023) Part 1 General Provisions (11 of 2016 s. 34) 1. Citation These rules may be cited as the Chinese Permanent Cemeteries Rules. 2. Application These rules shall apply to the cemeteries specified in the First Schedule and the rules published in the Government Gazette as—(a) G.N. 60 of 25 January 1933;(b) G.N. 698 of 13 September 1935;(c) L.N. 137 of 21 June 1974,and any other rules which may have been made by the Board are hereby revoked except Rule III of the said rules in G.N. 60 of 25 January 1933 and adopted by G.N. 698 of 13 September 1935 as set out in the Second Schedule. 3. Interpretation (1) In these rules, unless the context otherwise requires— (11 of 2016 s. 10)allocated place (獲分配位置) includes a grave space, an urn lot and a niche that may be allocated by the Board under these rules; (11 of 2016 s. 10)ashes (骨灰) means ashes resulting from the cremation of human remains; (11 of 2016 s. 10)Board (委員會) means the Board of Management of the Chinese Permanent Cemeteries established by section 3 of the Ordinance; (11 of 2016 s. 10)cemetery (墳場) means any of the cemeteries specified in the First Schedule; (11 of 2016 s. 10)eligible deceased (合資格死者) has the meaning given by rule 4(2); (11 of 2016 s. 10)exhumable lot (須起回骨殖墓地) means a grave space allocated under rule 13; (11 of 2016 s. 10)expiry of the term (年期屆滿) means—(a) in relation to an exhumable lot—(i) if the initial term of an allocation of the lot is not extended—the expiry of the initial term of 10 years; or(ii) if the initial term of an allocation of the lot is extended—the termination or expiry of the extended term;(b) in relation to an extendable ordinary niche or an extendable family niche—(i) if the initial term of an allocation of the niche is not extended—the expiry of the initial term of 20 years; or(ii) if the initial term of an allocation of the niche is extended—the termination or expiry of the extended term; (L.N. 113 of 2025)extendable family niche (可續期家族龕位) means a niche for the deposit of ashes allocated under rule 21D; (L.N. 113 of 2025)extendable ordinary niche (可續期普通龕位) means a niche for the deposit of ashes allocated under rule 21C; (L.N. 113 of 2025)family garden for ashes (家族骨灰園) means a space for reception or disposal of ashes allocated or set aside under rule 19A; (L.N. 113 of 2025)family niche (家族龕位) means a niche for the deposit of ashes allocated under rule 21A; (L.N. 197 of 1986; 11 of 2016 s. 10)first (首次), in relation to an interment, a burial or a deposit of human remains or ashes in an allocated place, means the first interment, burial or deposit in the place after the most recent allocation of the place by the Board; (11 of 2016 s. 10)General Chinese Charities Fund (華人慈善基金) means the General Chinese Charities Fund established by the Chinese Temples Ordinance (Cap. 153);grave space (墳墓用地) means a space for the burial of human remains and ashes, whether allocated as an exhumable lot, an ordinary lot or a subscriber lot; (11 of 2016 s. 10)human remains (人類遺骸) means the dead body of a human being at any stage of decomposition, including parts of the dead body or skeletal remains, but does not include ashes; (11 of 2016 s. 10)ordinary lot (普通墓地) means a grave space other than a subscriber lot allocated for a burial not subject to exhumation;ordinary niche (普通龕位) means a niche for the deposit of ashes allocated under rule 20A; (L.N. 197 of 1986; 11 of 2016 s. 10)ossuary niche (骨殖龕位) means a niche for the deposit of skeletal remains and ashes allocated under rule 20; (11 of 2016 s. 10)permanently resident in Hong Kong (在香港永久居住) in relation to any person means continuous residence in Hong Kong for a total period of not less than 7 years or the right to land in Hong Kong and to remain free of conditions of stay for the purposes of the Immigration Ordinance (Cap. 115); permittee (持證人) means a person to whom the Board has allocated a grave space, an urn lot, or a niche and includes a subscriber, the successor in title to the original permittee and the legal heir of the person whose remains are buried in a space: (11 of 2016 s. 10) Provided where more than one person qualifies in respect of any space the permittee shall be the legal heir of the person first buried in such space; (11 of 2016 s. 10) relative (親屬), in relation to a person (relevant person) (whether deceased or not), means—(a) the relevant person’s spouse;(b) a father, mother, grandfather, grandmother, great-grandfather or great-grandmother of the relevant person or of the relevant person’s spouse;(c) a brother or sister of—(i) the relevant person;(ii) the relevant person’s spouse; or(iii) a person referred to in paragraph (b);(d) a spouse of a person referred to in paragraph (c);(e) a descendant of—(i) the relevant person;(ii) a person referred to in paragraph (a), (c) or (d); or(iii) a person referred to in paragraph (b), other than the relevant person; or(f) a spouse of a person referred to in paragraph (e); (11 of 2016 s. 10)spouse (配偶) includes a concubine taken by a person before 7 October 1971; (11 of 2016 s. 10)subscriber (值理) means a person referred to in Rule III of the rules published in the Gazette as G.N. 60 of 25 January 1933 and adopted by G.N. 698 of 13 September 1935, and includes his successor in title;subscriber lot (值理墓地) means a grave space allocated and reserved to a subscriber prior to 23 December 1960 in respect of such space in Aberdeen Chinese Permanent Cemetery and prior to 11 November 1960 in respect of such space in Tsuen Wan Chinese Permanent Cemetery; (11 of 2016 s. 10)urn lot (金塔墓地) means a lot for the burial of skeletal remains and ashes allocated under rule 18A. (11 of 2016 s. 10)(11 of 2016 s. 10)(2) In determining a relationship between 2 persons for the purposes of these rules—(a) a child of a person includes—(i) a child of the person born out of wedlock;(ii) an adopted child of the person; and(iii) a step-child of the person; and(b) a half-blood brother or sister of a person is to be treated as a brother or sister of the person. (11 of 2016 s. 10) 4. Eligibility (1) The first interment, burial or deposit in an allocated place must only be that of the human remains or ashes of an eligible deceased.(2) An eligible deceased is a deceased person who, immediately before the person’s death, was—(a) a person of Chinese race permanently resident in Hong Kong;(b) a spouse of the person referred to in paragraph (a); or(c) a child of the person referred to in paragraph (a).(3) The Board’s decision on whether a deceased person met the description in subrule (2)(a), (b) or (c) is final.(11 of 2016 s. 11) 5. Consent of Board for burials, deposits and removals Without the consent in writing of the Board, no person may bury or deposit in, or exhume or remove from, any cemetery any human remains or ashes whether encoffined, in urn or otherwise.(11 of 2016 s. 12) Part 2 Grave Spaces (11 of 2016 s. 34) 6. Reversion of grave spaces allocated Save for subscriber lots and ordinary lots reserved and allocated prior to 23 December 1960 in respect of Aberdeen Chinese Permanent Cemetery and prior to 11 November 1960 in respect of Tsuen Wan Chinese Permanent Cemetery, any grave space allocated for interment of encoffined human remains not used within 1 month of the date of allocation shall revert to the Board and the fee paid for the grave space, less any cancellation fee, shall be refunded. 6A. Late burials The Board may permit a late burial in an ordinary lot and may in its discretion charge a late burial fee.(L.N. 193 of 1978) 7. Allocation and dimension of grave spaces (11 of 2016 s. 13)(1) Only 1 grave space may be allocated by the Board for the burial of one set of human remains.(2) A grave space must not exceed an area of 900 mm by 2 400 mm and there must be at least 300 mm interspace between adjacent grave spaces: (11 of 2016 s. 13) Provided that in the digging for any burial no soil within 150 mm of any adjacent space may be disturbed. (3) There must be not less than 900 mm depth between any part of a coffin buried in a grave space and the level of the ground adjoining the space. (4) Urns containing skeletal remains or ashes must be buried to a depth of not less than 450 mm from the level of the ground adjoining a grave space. (L.N. 56 of 1982; 11 of 2016 s. 13) 7A. Use of grave spaces (1) The first interment in a grave space must only be that of the encoffined human remains of an eligible deceased.(2) Not more than one set of encoffined human remains can be interred in a grave space unless written consent has been given by the Board.(3) After exhumation, the Board may permit the skeletal remains, or ashes, derived from the exhumed human remains to be reburied in a container in the grave space.(4) After the first interment referred to in subrule (1), the Board may permit subsequent interments of encoffined human remains, or subsequent burials in containers of skeletal remains or ashes, of other deceased persons in the grave space if—(a) the human remains, skeletal remains or ashes for a subsequent interment or burial are those of a relative of the eligible deceased;(b) for an exhumable lot, the unexpired term of the lot is not less than 6 years; (c) the human remains, skeletal remains or ashes of the eligible deceased are interred or buried in the space; and(d) the prescribed fee has been paid.(11 of 2016 s. 14) 8. Certain permits and certificates to be produced at time of interment In the case of a first interment of encoffined human remains of a person dying in Hong Kong the permittee shall first produce to the Board—(i) a permit of a police officer issued under the provisions of the proviso to section 16(1) of the Births and Deaths Registration Ordinance (Cap. 174);(ii) a certificate of registration of death or of a coroner’s order issued under the provisions of section 17(1) of the Births and Deaths Registration Ordinance (Cap. 174); or(iii) in the case of the body of a still-born child, a certificate, declaration or coroner’s order issued or made under the provisions of section 18 of the Births and Deaths Registration Ordinance (Cap. 174).In any other case the permission in writing of the Director of Food and Environmental Hygiene.(L.N. 462 of 1991; 78 of 1999 s. 7) 9. Permission for exhumation No person shall cause any exhumation without first producing to the Board the permission in writing of the Director of Food and Environmental Hygiene.(L.N. 462 of 1991; 78 of 1999 s. 7) 10. Definition of subscribers privileges (1) Only a relative of the subscriber may be nominated for burial in a subscriber lot: Provided that all persons buried in subscriber lots on the day these rules come into effect* shall be deemed to be right-fully buried and such graves shall not be disturbed save in accordance with these rules. (2) Subscriber lots shall not be assigned or transferred whether for valuable consideration or otherwise except on the death of the subscriber by transmission at law to his personal representative and/or trustee upon the registration of his Probate or Letters of Administration with the Board. (L.N. 462 of 1991)(3) The Board shall have full and absolute power to deal with and to regularise any matter concerning subscriber lots under this rule and may in its discretion charge a rectification fee: Provided that any rectification fee received, less deductions of the equivalent of the administrative fee, shall be paid over to the General Chinese Charities Fund. Editorial Note: * Effective date: 12 December 1975. 11. Voluntary surrender of subscriber lots (1) Subscriber lots may be voluntarily surrendered.(2) Where subscriber lots are voluntarily surrendered, the Board shall reallocate the grave spaces available as ordinary lots and the fees arising, less deductions of the equivalent of the administrative fee, shall be paid over to the General Chinese Charities Fund:Provided that the donor may specify that the net fees arising from the allocation of a number of such ordinary lots not exceeding the number of subscriber lots surrendered shall be applied to a charity other than the General Chinese Charities Fund so long as such nominated charity is operating for the benefit of persons of the Chinese race in Hong Kong. 12. Reversion of subscriber lots (1) Where a subscriber attempts to transfer or assign a subscriber lot contrary to rule 10(2), all unused subscriber lots standing reserved and allocated in his name shall revert to the Board in accordance with this rule.(2) Where the Board has reason to believe that a subscriber attempts to transfer or assign a subscriber lot, it shall cause a notice to this effect to be published in the Gazette and in not less than 2 local Chinese newspapers together with details of the particular subscriber lots calling upon the subscriber to show cause within 3 months from the date of the publication of the notice why his subscriber lots should not revert to the Board.(3) The subscriber may show cause by sending to the Board a written statement of his objections.(4) Upon receipt of a written statement of the objections under rule 12(3), the Board may give preliminary consideration to the objections in the absence of the subscriber and may decide to withdraw the notice in rule 12(2).(5) If the Board decides to withdraw the notice in rule 12(2), it shall give notice in writing of such decision to the subscriber by registered post whereupon the notice by the Board in rule 12(2) shall be deemed to have been withdrawn.(6) If the Board decides not to withdraw the notice in rule 12(2), it shall give notice thereof to the subscriber and to invite the subscriber to attend a meeting of the Board at not less than 14 days’ notice at which the subscriber shall if he so desires be heard.(7) Where—(a) after hearing the subscriber in the meeting; or(b) the subscriber fails to attend before the Board,and the Board maintains its decision not to withdraw the notice in rule 12(2), the Board shall give notice, together with an adequate statement of the reasons, by registered post of its decision to the subscriber. (6 of 1994 s. 60)(8) Any subscriber aggrieved by the service on him of a notice under rule 12(7) may, within 28 days after such service, appeal to the Administrative Appeals Board. (6 of 1994 s. 60)(8A) A decision that is appealed against under rule 12(8) shall be suspended in its operation as from the day on which the appeal is made until such appeal is disposed of, withdrawn or abandoned unless such suspension would, in the opinion of the Board, be contrary to the public interest and the notice of the decision contains a statement to that effect. (6 of 1994 s. 60)(9) If the subscriber fails to show cause within 3 months from the date of the publication of the notice in rule 12(2) or if the Board decides not to withdraw the notice in rule 12(2) and no appeal is made by the subscriber within the period of 28 days in rule 12(8) or if an appeal is made but is later withdrawn or abandoned or is dismissed by the Administrative Appeals Board, all unused subscriber lots standing reserved and allocated in his name shall revert to the Board. (6 of 1994 s. 60)(10) Any subscriber lot which reverts to the Board under this rule shall be available for any allocation by the Board. 13. Allocation of exhumable lots (1) The Board may designate any grave space to be an exhumable lot at the time of allocation of such grave space.(2) The Board may allocate an exhumable lot, either—(a) for an initial term of 10 years, which may be extended for one further and final term of 6 years at an additional premium which the Board, in its discretion, may determine at the time of expiry of the initial period; or (L.N. 205 of 1992)(b) for an initial term of 10 years, which may be extended for an indefinite number of terms of up to 10 years each, at an additional premium which the Board, in its discretion, may determine at the time of expiry of each term; or (L.N. 16 of 1989; L.N. 205 of 1992)(c) for a finite term of 10 years which will not be extended at its expiry. (L.N. 16 of 1989) 14. Disinterment and removal of human remains and ashes from exhumable lot on expiry of the term (1) On the expiry of the term of an exhumable lot, the permittee of the lot must disinter the human remains and ashes buried in the lot and remove them from the lot.(2) The Board may disinter the human remains and ashes and remove them from the lot if all of the following conditions are met—(a) subrule (1) is not complied with;(b) the Board has published a notice in the Gazette and in at least 2 local Chinese newspapers and at least 1 local English newspaper stating that the Board intends to disinter the human remains and ashes and remove them from the lot;(c) 6 months after the publication of the notice, the permittee still has not disinterred the human remains and ashes and removed them from the lot.(11 of 2016 s. 15) 14A. Cremation of human remains removed from exhumable lot The Board may cremate the human remains removed from an exhumable lot under rule 14(2) and may dispose of the ashes in such decent manner as it may think fit, if all of the following conditions are met— (L.N. 113 of 2025)(a) the permittee of the lot has not arranged with the Board for their disposal within 6 years from the expiry of the term of the lot;(b) the Board has published a notice in the Gazette and in at least 2 local Chinese newspapers and at least 1 local English newspaper stating that the Board intends to cremate the human remains;(c) 6 months after the publication of the notice, the permittee still has not arranged with the Board for the disposal of the human remains.(11 of 2016 s. 16) 15. Reversion of exhumable lot After removal of the human remains and ashes under rule 14, an exhumable lot immediately reverts to the Board, and the Board may make any further allocation of the lot.(11 of 2016 s. 17) 16. (Repealed 11 of 2016 s. 18) 17. (Repealed 11 of 2016 s. 19) 18. Reversion of vacant ordinary or subscriber lot after exhumation An ordinary lot or a subscriber lot that remains vacant for a period of 1 month after exhumation immediately reverts to the Board, and the Board may make any further allocation of the lot.(11 of 2016 s. 20; L.N. 113 of 2025) Part 3 Urn Lots (11 of 2016 s. 34) 18A. Dimension, allocation and use of urn lots (1) An urn lot must not exceed an area of 900 mm by 900 mm.(2) An urn lot may be allocated by the Board on payment of the prescribed fee.(3) The first burial in an urn lot must only be that of the skeletal remains of an eligible deceased.(4) After exhumation, the Board may permit the ashes derived from the exhumed skeletal remains to be reburied in a container in the urn lot.(5) After the first burial referred to in subrule (3), the Board may permit subsequent burials in containers of skeletal remains or ashes of other deceased persons in the urn lot if—(a) the skeletal remains or ashes for a subsequent burial are those of a relative of the eligible deceased;(b) the skeletal remains or ashes of the eligible deceased are buried in the lot; and(c) the prescribed fee has been paid.(11 of 2016 s. 21) 19. Reversion of vacant urn lot after removal (1) An urn lot previously allocated that remains vacant for a period of 3 months after the removal of skeletal remains or ashes from the lot immediately reverts to the Board.(2) The Board may make any further allocation of an urn lot reverted to the Board under subrule (1).(11 of 2016 s. 22) Part 3A Family Gardens for Ashes (Part 3A added L.N. 113 of 2025) 19A. Dimension, allocation and use of family gardens for ashes (1) The Board may designate or set aside a parcel of land or space to be a family garden for ashes.(2) A family garden for ashes may be allocated by the Board on payment of the prescribed fee.(3) A family garden for ashes must not exceed an area of 900 mm by 900 mm or a total combined area, equivalent to these dimensions.(4) A family garden for ashes allocated to a permittee must be used for the reception or disposal of ashes.(5) Ashes must either be scattered in a designated area of the allocated family garden for ashes or interred in a container in the allocated family garden for ashes.(6) The first reception or disposal of ashes in a family garden for ashes must only be that of the ashes of an eligible deceased.(7) After the first reception or disposal of ashes referred to in subrule (6), the Board may permit subsequent reception or disposal of ashes of other deceased persons in the family garden for ashes if—(a) the ashes for a subsequent reception or disposal are those of a relative of the eligible deceased;(b) the ashes of the eligible deceased are received or disposed in the family garden for ashes; and(c) the prescribed fee has been paid.(8) The Board may determine the maximum number of sets of ashes for reception or disposal in a family garden for ashes. 19B. Reversion of family gardens for ashes allocated (1) If a family garden for ashes allocated to a permittee remains vacant for a period of 3 months after the date of allocation, the Board may, at its absolute discretion, revoke the allocation and designation by notice in writing addressed to the permittee at the permittee’s last known address and by posting the notice at a conspicuous place of the family garden for ashes.(2) On the expiry of 14 days of the notice being sent and posted as prescribed in subrule (1), the family garden for ashes immediately reverts to the Board.(3) A family garden for ashes that remains vacant for a period of 1 month after removal of ashes immediately reverts to the Board.(4) On reversion of a family garden for ashes not being used for reception or disposal of ashes, all fees paid for the allocation of the family garden for ashes must, after deduction of an administration fee, be refunded to the permittee.(5) A family garden for ashes which reverts to the Board under this rule is available for any allocation by the Board. Part 4 Niches (11 of 2016 s. 34) 20. Allocation and use of ossuary niches (1) The Board may designate a niche to be an ossuary niche—(a) for allocation under subrule (2), (3) or (4); or(b) for the deposit of human remains disinterred and removed under rule 14(2).(2) On the application of a permittee of an exhumable lot, the Board must allocate an ossuary niche, if available, free of charge, for each set of skeletal remains removed from the lot on reversion of the lot to the Board.(3) On the application of a permittee of an ordinary lot or a subscriber lot, the Board must allocate an ossuary niche, if available, free of charge, for each set of skeletal remains removed on exhumation for surrender of the lot to the Board.(4) An ossuary niche may be allocated by the Board on payment of the prescribed fee, for the immediate deposit of a set of skeletal remains.(5) The first deposit in an ossuary niche allocated by the Board under subrule (4) must only be that of the skeletal remains of an eligible deceased.(6) The Board may permit the ashes derived from the skeletal remains of the eligible deceased to be redeposited in a container in the ossuary niche.(7) After the first deposit in an ossuary niche allocated by the Board under subrule (2), (3) or (4), the Board may permit subsequent deposits of skeletal remains or ashes of other deceased persons in the ossuary niche if— (L.N. 113 of 2025)(a) the skeletal remains or ashes for a subsequent deposit are those of a relative of the eligible deceased;(b) the skeletal remains or ashes of the eligible deceased are deposited in the niche; and(c) the prescribed fee has been paid.(8) The Board may determine the maximum numbers of sets of skeletal remains and ashes to be deposited in an ossuary niche.(11 of 2016 s. 23) 20A. Allocation and use of ordinary niches (1) The Board may designate a niche to be an ordinary niche.(2) An ordinary niche may be allocated by the Board on payment of the prescribed fee, for the immediate deposit of a set of ashes.(3) The first deposit in an ordinary niche must only be that of the ashes of an eligible deceased.(4) After the first deposit referred to in subrule (3), the Board may permit subsequent deposits of ashes of other deceased persons in the ordinary niche if—(a) the ashes of the eligible deceased are deposited in the niche; and(b) the prescribed fee has been paid.(5) The Board may determine the maximum number of sets of ashes to be deposited in an ordinary niche.(11 of 2016 s. 24) 21. Reversion of vacant ossuary niche and ordinary niche (1) An ossuary niche or ordinary niche that remains vacant for a period of 3 months after the allocation or 1 month after the removal of skeletal remains or ashes from the niche immediately reverts to the Board. (L.N. 113 of 2025)(2) The Board may make any further allocation of the niche reverted to the Board under subrule (1).(11 of 2016 s. 25) 21A. Allocation and use of family niches (1) The Board may designate a niche to be a family niche at the time of the allocation of the niche.(2) A family niche may be allocated by the Board on payment of the prescribed fee.(3) The Board may allocate more than one family niche to the same permittee.(4) The first family niche allocated to a permittee must be used immediately for the deposit of a set of ashes.(5) The first deposit in a family niche must only be that of the ashes of an eligible deceased.(6) After the first deposit referred to in subrule (5), the Board may permit subsequent deposits of ashes of other deceased persons in the family niche if—(a) the ashes for a subsequent deposit are those of a relative of the eligible deceased;(b) the ashes of the eligible deceased are deposited in the niche; and(c) the prescribed fee has been paid.(7) The Board may determine the maximum number of sets of ashes to be deposited in a family niche.(11 of 2016 s. 26) 21B. Reversion of family niches allocated (1) If a family niche or all family niches allocated to a permittee at any one time remain vacant for a period of 3 months after the allocation or 1 month after the removal of ashes, the Board may, at its absolute discretion, revoke the allocation and designation by notice in writing addressed to the permittee at the permittee’s last known address and by posting the notice at a conspicuous place of the niche or niches. (L.N. 113 of 2025)(2) On the expiry of 14 days of the notice being sent and posted as prescribed in subrule (1), the niche or niches immediately revert to the Board.(3) On reversion of a family niche or family niches not having been used for depositing ashes pursuant to this rule, all fees paid for the allocation of the niche or niches must, after deduction of an administration fee, be refunded to the permittee: (L.N. 146 of 1992; 11 of 2016 s. 27) Provided always that any fees refundable but unclaimed by the permittee within a period of 6 years after reversion must be paid over to the General Chinese Charities Fund. (4) A family niche which reverts to the Board under this rule is available for any allocation by the Board.(L.N. 197 of 1986; 11 of 2016 s. 27) 21C. Allocation and use of extendable ordinary niches (1) The Board may designate a niche to be an extendable ordinary niche.(2) The Board may allocate an extendable ordinary niche on payment of the prescribed fee for the immediate deposit of a set of ashes, for an initial term of 20 years, which may be extended for an indefinite number of terms of up to 10 years each, at an additional premium which the Board, in its discretion, may determine at the time of expiry of each term.(3) The first deposit in an extendable ordinary niche must only be that of the ashes of an eligible deceased.(4) After the first deposit referred to in subrule (3) and before the expiry of the term, the Board may permit subsequent deposits of ashes of other deceased persons in the extendable ordinary niche if—(a) the ashes of the eligible deceased are deposited in the niche; and(b) the prescribed fee has been paid.(5) The Board may determine the maximum number of sets of ashes to be deposited in an extendable ordinary niche.(L.N. 113 of 2025) 21D. Allocation and use of extendable family niches (1) The Board may designate a niche to be an extendable family niche at the time of the allocation of the niche.(2) The Board may allocate an extendable family niche on payment of the prescribed fee, for an initial term of 20 years, which may be extended for an indefinite number of terms of up to 10 years each, at an additional premium which the Board, in its discretion, may determine at the time of expiry of each term.(3) The Board may allocate more than one extendable family niche to the same permittee.(4) The first extendable family niche allocated to a permittee must be used immediately for the deposit of a set of ashes.(5) The first deposit in an extendable family niche must only be that of the ashes of an eligible deceased.(6) After the first deposit referred to in subrule (5) and before the expiry of the term, the Board may permit subsequent deposits of ashes of other deceased persons in the extendable family niche if—(a) the ashes for a subsequent deposit are those of a relative of the eligible deceased;(b) the ashes of the eligible deceased are deposited in the niche; and(c) the prescribed fee has been paid.(7) The Board may determine the maximum number of sets of ashes to be deposited in an extendable family niche.(L.N. 113 of 2025) 21E. Removal of ashes from extendable ordinary niche and extendable family niche on expiry of term (1) On the expiry of the term of an extendable ordinary niche or an extendable family niche, the permittee of the niche must remove the ashes from the niche.(2) The Board may remove the ashes from the niche and dispose of the ashes in such decent manner as it may think fit if all of the following conditions are met—(a) subrule (1) is not complied with;(b) the Board has published a notice in the Gazette and in at least 2 local Chinese newspapers and at least 1 local English newspaper stating that the Board intends to remove the ashes from the niche;(c) 6 months after the publication of the notice, the permittee still has not removed the ashes from the niche.(L.N. 113 of 2025) 21F. Reversion of vacant extendable ordinary niche (1) An extendable ordinary niche that remains vacant for a period of 3 months after the allocation or 1 month after the removal of ashes from the niche immediately reverts to the Board.(2) The Board may make any further allocation of the niche reverted to the Board under subrule (1).(L.N. 113 of 2025) 21G. Reversion of extendable family niches allocated (1) If an extendable family niche or all extendable family niches allocated to a permittee at any one time remain vacant for a period of 3 months after the allocation or 1 month after removal of ashes, the Board may, at its absolute discretion, revoke the allocation and designation by notice in writing addressed to the permittee at the permittee’s last known address and by posting the notice at a conspicuous place of the niche or niches.(2) On the expiry of 14 days of the notice being sent and posted as prescribed in subrule (1), the niche or niches immediately revert to the Board.(3) On reversion of an extendable family niche or extendable family niches not having been used for depositing ashes pursuant to this rule, all fees paid for the allocation of the niche or niches must, after deduction of an administration fee, be refunded to the permittee.(4) If any fees refundable under subrule (3) are unclaimed by the permittee within a period of 6 years after reversion, such fees must be paid over to the General Chinese Charities Fund.(5) An extendable family niche which reverts to the Board under this rule is available for any allocation by the Board.(L.N. 113 of 2025) Part 5 Miscellaneous Provisions (11 of 2016 s. 34) 22. Digging, paving, monuments and headstones etc. (1) Unless the Board allows otherwise, the digging and paving in respect of any grave space, urn lot or family garden for ashes are to be effected by the Board at the appropriate fees.(2) Except with the consent in writing of the Board and in accordance with any conditions or restrictions which the Board may impose on giving the consent, no person may in any cemetery erect a monument other than a headstone or tablet upon a grave space, urn lot or family garden for ashes.(3) Every monument, headstone, tablet, railing, fence, enclosure and every other commemorative article, whether movable or immovable, which is placed at any grave space, urn lot, niche or family garden for ashes is to be placed there at the sole risk of the permittee, and the Board is not liable for any loss or damage to it.(11 of 2016 s. 28; L.N. 113 of 2025) 23. No liability against damage The Board is not liable for any damage to any part of a cemetery in the event of subsidence, natural disaster, civil commotion, war or terrorist act as defined by section 2(1) of the United Nations (Anti-Terrorism Measures) Ordinance (Cap. 575).(11 of 2016 s. 29) 23A. Power of Board to repair and recover expenses The Board has the power to—(a) carry out for the protection of public safety any repairs to a grave space, an urn lot or a niche on behalf of the permittee who failed to carry out the repairs as requested by the Board; and(b) recover from the permittee any expenses incurred for the repairs.(11 of 2016 s. 30) 24. Ejection for disorderly conduct The Board may, by its employees, servants or agents, eject or exclude from any of the cemeteries any person for disorderly conduct. 25. Persons causing damage Any person causing damage, for any reasons, whether wilful or otherwise, within a cemetery shall be liable to make good the same to the satisfaction of the Board. 25A. Duty to give notice of change of address Every permittee shall give notice in writing to the Board of any change in his address within one month of such change.(L.N. 197 of 1986) 26. Tenancies and contracts The Board may award tenancies and contracts for the operation and maintenance of its cemeteries for such periods and on such terms as it deems fit. 27. Fees Fees shall be charged in accordance with the Third Schedule, provided that the Board may waive, reduce or refund fees in any appropriate case. 28. Saving (1) Rule 7(2), as in force immediately before the appointed date, continues to apply to a grave space allocated by the Board before that date, as if the amending Ordinance had not been enacted.(2) Rule 14A does not apply to an exhumable lot—(a) allocated by the Board before the appointed date; and(b) whose term is not extended after the appointed date.(3) Rule 18A(1) does not apply to an urn lot allocated by the Board before the appointed date.(4) In this rule—amending Ordinance (《修訂條例》) means the Chinese Permanent Cemeteries (Amendment) Ordinance 2016 (11 of 2016);*appointed date (指定日期) means the date on which the amending Ordinance comes into operation.(11 of 2016 s. 31) Editorial Note: * Appointed date: 24 October 2016. First Schedule [rules 2 & 3](11 of 2016 s. 32)Cemeteries (a) Aberdeen Chinese Permanent Cemetery(b) Tsuen Wan Chinese Permanent Cemetery(c) Cape Collinson Chinese Permanent Cemetery(d) Junk Bay Chinese Permanent Cemetery (L.N. 16 of 1989)(E.R. 4 of 2023) Second Schedule [rule 2]Rule III Every subscriber who has subscribed or shall subscribe a sum of not less than $500 shall be entitled to certain privileges with regard to the free allotment and reservation of a certain number of sites in the cemetery to which he has subscribed for burial purposes but the exact nature and extent of such privileges and the number of such allotment shall be determined and defined by the Board. Third Schedule [rule 27]Fees Fee 1. Allocation of Grave Space— (a) Ordinary lot $ 418,880 (b) Exhumable lot allocated for an initial term of 10 years extendable for 1 further term of 6 years (rule 13(2)(a))— (i) initial allocation $ 22,440 (ii) for extension $ 11,970 (c) Exhumable lot allocated for an initial term of 10 years extendable for further terms of not more than 10 years (rule 13(2)(b))— (i) initial allocation $ 41,890 (ii) for each extension $ 29,920 (d) Exhumable lot allocated for a finite term of 10 years (rule 13(2)(c)) (L.N. 16 of 1989) $ 29,920 2. Registration of probate or letters of administration (rule 10(2)) for each instrument $ 150 3. Rectification of irregularity relating to subscriber lot (rule 10(3)) $ 59,840 4. Administration fee— (a) on rectification of irregularity relating to subscriber lot (rule 10(3)) $ 2,690 (b) on surrender of subscriber lot (rule 11(2)) $ 2,690 (ba) on reversion of a family garden for ashes (rule 19B(4)) (L.N. 113 of 2025) $ 2,990 (c) on reversion of a family niche (rule 21B(3)) (L.N. 146 of 1992) $ 2,690 (d) on reversion of an extendable family niche (rule 21G(3)) (L.N. 113 of 2025) $ 2,690 5. Multiple interments or burials (rules 7A and 18A)—for the second and each of the subsequent interments or burials— (11 of 2016 s. 33) (a) (for an interment of encoffined human remains) each set of human remains $ 5,390 (b) (for a burial or reburial in containers of skeletal remains or ashes) each set of skeletal remains or ashes (11 of 2016 s. 33) $ 2,690 6. (a) Allocation of ordinary niche (each niche) $ 2,600 (b) Extendable ordinary niche allocated for an initial term of 20 years extendable for further terms of not more than 10 years (rule 21C(2))— (i) initial allocation $ 4,000 (ii) for each extension (L.N. 113 of 2025) $ 2,000 6A. (a) Allocation of family niche (each niche) $ 31,420 (b) Extendable family niche allocated for an initial term of 20 years extendable for further terms of not more than 10 years (rule 21D(2))— (i) initial allocation $ 16,000 (ii) for each extension (L.N. 113 of 2025) $ 8,000 7. Allocation of ossuary niche (rule 20(4)) (each niche) (11 of 2016 s. 33) $ 7,780 7A. Allocation of family garden for ashes (L.N. 113 of 2025) $ 209,440 7B. Each subsequent reception or disposal of ashes at family garden for ashes (each set of ashes) (L.N. 113 of 2025) $ 2,690 8. Cancellation of allocation of lot (rule 6) $ 2,990 9. Digging grave (each burial) $ 1,200 10. Digging and paving of grave space (rule 22(1)) (11 of 2016 s. 33) $ 2,390 11. Late burial in ordinary lot (each burial) $ 14,960 12. Exhumation of human remains (each unit) $ 150 13. Multiple deposit in ordinary niche, family niche or ossuary niche (each set of skeletal remains or ashes) (11 of 2016 s. 33) $ 300 13A. Multiple deposit in extendable ordinary niche or extendable family niche (each set of ashes) (L.N. 113 of 2025) $ 300 14. Allocation of urn lot (each lot) (L.N. 228 of 1983; 11 of 2016 s. 33) $ 209,440 15. Fee for cleaning, removal and back-filling service for exhumation (each grave) (L.N. 310 of 1984) $ 2,240 16. (a) Fee for exhumation service plus cleaning, removal and back-filling service (each grave) $ 4,490 (b) Fee for storage of skeletal remains or ashes (each set) (L.N. 310 of 1984; 11 of 2016 s. 33) $ 70 (per month or part of a month) 17. Fee for cleaning and removal service for tomb memorial construction (each tomb) (L.N. 310 of 1984) $ 120 (L.N. 193 of 1978; L.N. 184 of 1980; L.N. 364 of 1981; L.N. 228 of 1983; L.N. 133 of 1984; L.N. 310 of 1984; L.N. 371 of 1984; L.N. 197 of 1986; L.N. 62 of 1987; L.N. 16 of 1989; L.N. 434 of 1990; L.N. 146 of 1992; L.N. 205 of 1992; L.N. 118 of 1994; L.N. 220 of 1996; 11 of 2016 s. 33; L.N. 113 of 2025)