The Private Columbaria (Amendment) Bill 2024 was published in the Government Gazette today, proposing amendments that aim to enhance the current regulatory regime on private columbaria and strengthen protection of consumers' interests.

The Environment & Ecology Bureau pointed out that since the implementation of the Private Columbaria Ordinance, it noticed some “pre-cut-off columbaria” that are currently applying for a licence may have to cease operation when they fail to obtain one.

It is therefore proposed to appropriately adjust the eligibility criteria for exemption to allow “pre-cut-off columbaria” meeting certain conditions to apply for such exemption, thus enabling their continued operation at their current scale and averting ash-disposal. However, new sale or letting out of niches is not allowed, the bureau added.

The bureau outlined the specified conditions required from the "pre-cut-off columbaria", that is private columbaria that commenced operation and had ashes interred in them before the Government announced the proposal to establish a licensing system in 2014.

First, they must not be located in populated zones for high-density residential development.

Second, the planning application submitted by the subject "pre-cut-off columbarium" pursuant to the Town Planning Ordinance has been granted or accepted, has not been refused, or has been refused but subsequently granted or accepted, as of the bill’s commencement.

The bureau explained that the said proposal aligns with the prevailing pragmatic and sympathetic approach in regulating "pre-cut-off columbaria", while minimising their impact on neighbouring communities and balancing the different interests of the public concerned.

The Government also enhances enforcement-related provisions through the bill, including increasing penalties for non-compliance with enforcement notices, introducing new offences and amending existing ones to prohibit overselling niches and over-placing ashes, as well as prohibiting the sale of interment rights by private columbaria when their authorisation to sell has been revoked or suspended, in order to enhance the ordinance’s deterrent effect.

Further, the bill will stipulate that the Private Columbaria Appeal Board may only receive and consider new materials that were never submitted to the Private Columbaria Licensing Board upon special grounds being shown, ensuring a consistent approach in the handling of appeals.

It will also enshrine in the ordinance the current administrative arrangements that allow eligible masons' workshops meeting certain conditions to keep ashes temporarily for operational reasons.

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

The amendments will take effect immediately after being published in the Government Gazette following LegCo’s passage of the bill.