| Remarks: Adaptation amendments retroactively made - see 4 of 2000 s. 3 To give statutory recognition to and to regulate the provision of permanent cemeteries for persons of Chinese race permanently resident in Hong Kong and to provide for the proper maintenance and administration thereof, and for purposes connected therewith. (Amended 4 of 2000 s. 3) [4 December 1964] (Originally 35 of 1964) Cap 1112 Preamble WHEREAS- (a) by 3 deeds of appropriation dated respectively 16 June 1913, 22 August 1929 and 31 May 1963 (hereinafter referred to as the Deeds of Appropriation) certain parcels of land were thereby appropriated for use as cemeteries for persons of Chinese race who were permanent residents of Hong Kong although the title to the said land remained vested in the Crown; (Amended 31 of 1994 s. 5) (b) the cost of laying out the land the subject of the said Deed of Appropriation dated 16 June 1913, was met by subscription and by the said Deed it was provided that the application of the sums so raised, and the duty of managing the cemetery the subject thereof, be entrusted to a Board of Management (in this Ordinance referred to as the former Board where the context so requires) subject to the rules and regulations set out in the said Deed; (c) the said rules and regulations provided, inter alia, that the former Board should be composed of not less than 12 nor more than 20 members of whom the Director of Public Works, the Secretary for Chinese Affairs (then styled Registrar General) and the Director of Urban Services (then styled the Head of the Sanitary Department) were ex officio members and the remaining members were to be selected from and elected by those who subscribed as mentioned in paragraph (b) and were, subject to certain exceptions, to hold office for life; (d) by the subsequent Deeds of Appropriation the additional pieces of land therein described were appropriated to the former Board upon terms similar to those upon which the first piece of land was appropriated thereto and the cost of laying out such subsequent pieces of land as cemeteries was met out of the funds, then held by the former Board, derived from the management of the first cemetery; (e) all of the said pieces of land are now used exclusively as cemeteries and burial grounds for persons of the Chinese race permanently resident in Hong Kong; (Amended 31 of 1994 s. 5) (f) it is considered desirable that the said former Board be dissolved and replaced by a body corporate having perpetual succession and full powers to provide, administer and manage cemeteries and burial grounds for such persons of the Chinese race: Cap 1112 s 1 Short title This Ordinance may be cited as the Chinese Permanent Cemeteries Ordinance. Cap 1112 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "Board" (委员会) means the Board of Management of the Chinese Permanent Cemeteries established by virtue of the provisions of section 3; "Chairman" (主席) means the Secretary for Home Affairs; (Amended L.N. 22 of 1969; L.N. 257 of 1975; L.N. 370 of 1981; L.N. 67 of 1985; L.N. 262 of 1989) "Chinese Permanent Cemetery" (华人永远坟场) means any cemetery or burial ground for the time being under the management and control of the Board; "Deeds of Appropriation" (各拨地契据) means the Deeds of Appropriation referred to in paragraph (a) of the preamble to this Ordinance; "former Board" (前度委员会) means the Board of Management referred to in paragraph (b) of the preamble; "permanently resident in Hong Kong" (在香港永久居住), in relation to any person, means continuously resident in Hong Kong for such period of time and subject to such conditions as the Board may prescribe by rules made under section 8. (Amended 31 of 1994 s. 5) Cap 1112 s 3 Establishment and constitution of Board Remarks: Adaptation amendments retroactively made - see 4 of 2000 s. 3 (1) There shall be established in Hong Kong a Board which shall be called the Board of Management of the Chinese Permanent Cemeteries. (Amended 31 of 1994 s. 5) (2) The Board shall consist of- (a) the following ex officio members- (i) the Secretary for Home Affairs, who shall be the Chairman of the Board; (Amended L.N. 22 of 1969; L.N. 257 of 1975; L.N. 370 of 1981; L.N. 67 of 1985; L.N. 262 of 1989) (ii) the Director of Lands; (Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993; L.N. 230 of 1995) (iii) the Director of Food and Environmental Hygiene; and (Replaced 78 of 1999 s. 7) (iv) (Repealed 78 of 1999 s. 7)(b) not less than 8 nor more than 16 other members who shall be appointed by the Chief Executive and shall hold office for 3 years and shall thereafter be eligible for reappointment to the Board for further such periods as the Chief Executive shall think fit. (Amended 30 of 1987 s. 2; 4 of 2000 s. 3)(3) Any ex officio member, other than the Secretary for Home Affairs, may appoint in writing a senior member of the staff of his Department to act on his behalf at all or any meetings of the Board: (Amended L.N. 22 of 1969; L.N. 257 of 1975; L.N. 370 of 1981; L.N. 67 of 1985; L.N. 262 of 1989) |
