Press Releases

Members of public reminded to exercise caution when purchasing niches from private columbaria

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A spokesman for the Food and Health Bureau today (January 6) reminded members of the public who wish to purchase niches at private columbaria of the importance of obtaining full and complete information from the operators for the purpose of checking whether the columbaria are compliant with all the relevant statutory requirements, including land lease and/or town planning requirements. They are well advised to seek independent legal advice on their rights if and when necessary.

In a paper put before the Legislative Council in December 2012, the Government raised for discussion a proposal to exempt "long-existing" private columbaria from a licensing scheme under contemplation. The spokesman noted that messages soon started circulating in the market claiming that certain private columbaria would be exempted. The spokesman reiterated that, at this stage, the Government has not defined what constitutes a "long-existing" private columbarium, such as what the cut-off date should be. Furthermore, it remains to be seen whether the proposal itself would gain wide public acceptance and the endorsement of the Legislative Council. It is therefore premature at this juncture to conclude that a certain private columbarium would definitely be exempted in future.

In order to help members of the public make informed choices when purchasing niches before the licensing scheme is introduced, the Development Bureau publishes and updates on a quarterly basis a list capturing the relevant land/lease (user restrictions) and planning information pertaining to private columbaria that are known to the Lands Department or Planning Department, and premises which the departments have reason to believe are operating as private columbaria.

Members of the public are also reminded to ascertain from the operators of private columbaria how the operators will look after the interests of their customers, such as whether and how they would refund or otherwise compensate their customers under the scenario in which the respective private columbarium subsequently closes down or is disallowed from operating.

The spokesman emphasised that the relevant government departments will continue to take enforcement action against any unauthorised private columbaria according to the power within their jurisdiction.

For the purpose of advising prospective consumers of the need to protect their own interests, the updated version of "Points to note when purchasing private columbarium niches" has been uploaded to the Food and Health Bureau's website (www.fhb.gov.hk) for their reference.


Ends/Sunday, January 6, 2013
Issued at HKT 16:01

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12 Apr 2019