| (78 of 1999 s. 7) (Cap 132, section 124E) [24 May 1974] (L.N. 114 of 1974) Cap 132M s 1 (Repealed 78 of 1999 s. 7) PART I PRELIMINARY Cap 132M s 2 (Repealed 78 of 1999 s. 7) Cap 132M s 3 Interpretation In this Regulation, unless the context otherwise requires- (78 of 1999 s. 7) "ashes" (骨灰) mean ashes resulting from the cremation of human remains; "cremation order" (火葬令) means an order for the cremation of human remains issued by a coroner in accordance with section 17 of the Births and Deaths Registration Ordinance (Cap 174); "cremation permit" (火葬许可证) means a permit granted by the Director of Health in accordance with section 5; (L.N. 76 of 1989; 78 of 1999 s. 7) "garden of remembrance" (纪念花园) means any place specified in Part VII of the Fifth Schedule to the Ordinance; "Government crematorium" (政府火葬场) means a crematorium specified in Part V of the Fifth Schedule to the Ordinance; "human remains" (遗骸) means the dead body of any human being or any still-born child, but does not include ashes resulting from the cremation thereof; "medical practitioner" (医生) means a medical practitioner registered or exempted from registration under the Medical Registration Ordinance (Cap 161). "private crematorium" (私营火葬场) means a crematorium specified in Part VI of the Fifth Schedule to the Ordinance. (78 of 1999 s. 7) (78 of 1999 s. 7) Cap 132M s 4 Application for cremation permit PART II PERMITS TO CREMATE (1) Application for a permit to cremate any human remains may be made in Form 1 in the First Schedule to the Director of Health by any of the following persons taking priority inter se in the order set out in this section- (L.N. 76 of 1989) (a) any executor of the deceased or his duly authorized attorney or agent; (b) the nearest surviving relative of the deceased present in Hong Kong at the time of application or his duly authorized attorney or agent; (c) any person having in his possession a direction in writing purporting to be signed by the deceased requesting that his remains may be cremated; (d) any person being eligible for grant of letters of administration or probate; (e) after the expiration of 48 hours from the death of the person in respect of whose human remains the application is made, any person who, in the opinion of the Director of Health, is a suitable and proper person to make the application. (L.N. 76 of 1989) (2) Every application made under subsection (1) shall be accompanied- (a) in the case of an application made in respect of a still-born child, by a certificate issued in accordance with section 18 of the Births and Deaths Registration Ordinance (Cap 174); (b) in the case of human remains- (i) of any person who had died out of Hong Kong; (ii) which have been lawfully buried for less than 1 year and which have been lawfully exhumed; or (iii) which have been placed in a repository specified in the Third Schedule, by such documentary evidence of the cause of death of the deceased as, in the opinion of the Director of Health, establishes that the deceased did not die from the effects of poison, violence, illegal operation, privation or neglect; (L.N. 76 of 1989) (c) in any other case, by- (i) a certificate issued in accordance with the provisions of section 20(b) of the Births and Deaths Registration Ordinance (Cap 174), certifying the cause of death of the deceased; and (ii) a medical certificate in Form 2 in the First Schedule issued by a medical practitioner. (78 of 1999 s. 7) Cap 132M s 5 Grant of cremation permit (1) Upon application being made in accordance with the provisions of section 4, the Director of Health may grant to the applicant a permit in Form 3 in the First Schedule, authorizing the cremation of the human remains in respect of which the application was made at a crematorium to be specified in the permit. (L.N. 76 of 1989) (2) Notwithstanding subsection (1), a permit shall not be granted in any case in which- (a) a coroner has given notice that he intends to hold an inquest on the dead body in respect of which the application was made; or (b) the Director of Health knows or has reason to believe that the deceased person had left a direction in writing to the effect that his human remains shall not be disposed of by cremation. (L.N. 76 of 1989) (3) Any person who, knowing or having reason to believe that any deceased person has left a direction in writing to the effect that his human remains shall not be disposed of by cremation- (a) makes application in respect of such human remains for the grant of a cremation permit; or (b) having been granted a cremation permit in respect of such remains, causes or permits the cremation thereof to take place, shall be guilty of an offence. (78 of 1999 s. 7) Cap 132M s 6 Cancellation of cremation permit (1) The Director of Health may, at any time between the issue thereof and the cremation in respect of which it was issued, cancel any cremation permit issued by him- |
