The Government today launched a public consultation on proposed amendments to the Private Columbaria Ordinance that seek to revise certain provisions and improve the private columbaria regulatory regime.

Some of the proposed revisions relate to the operation of “pre-cut-off” columbaria, which are private columbaria that have been in operation since before the Government’s initial announcement of its proposal to establish a licensing regime.

Five major amendments are mooted under the consultation.

Firstly, the Government proposes to offer eligible pre-cut-off columbaria the option of applying for exemptions, so that if their licence applications are eventually refused, they may still operate at their current confined scale. This would avert the massive displacement of interred ashes and minimise losses to niche purchasers.

Secondly, it is proposed that the penalty for non-compliance with enforcement notices be increased to enhance deterrence against violations.

Thirdly, the legislation seeks to criminalise the sale of interment rights exceeding ash interment capacity, the sale or leasing of unapproved niches, and the sale of interment rights when authorisation to sell interment rights has been revoked or suspended.

Fourthly, the Government proposes specifying the conditions which must be met for the Private Columbaria Appeal Board to consider new evidence submitted by appellants.

Lastly, the revised Private Columbaria Ordinance would stipulate that it is not applicable to registered masons meeting specified conditions.

The Government added that the amendments have been put forward with a view to rectifying violations that existed before the establishment of the licensing regime, while avoiding social disruption.

To balance the interests of the general public, the legislative review also takes into account the impact of pre-cut-off columbaria on nearby traffic, the environment and neighbourhoods in general, as well as on town planning procedures.

The consultation paper and a feedback form have been uploaded to the Food & Environmental Hygiene Department’s website. Members of the public may send their views from today until June 2, either by post to the Private Columbaria Affairs Office of the Food & Environmental Hygiene Department at P.O. Box 80011, Cheung Sha Wan Post Office, by fax to 2827 2908, or by email to pco_review@fehd.gov.hk.