Information on Private Columbaria

Covering Note

Preamble

The Private Columbaria Ordinance (Cap.630) (“the Ordinance”) which regulates the operation of private columbaria through a licensing scheme, has come into effect on 30 June 2017 upon gazettal.  For details of the Ordinance, please visit the website of the Food and Environmental Hygiene Department (the “FEHD”)(www.rpc.gov.hk/).

This webpage provides information to the public relating to land/lease and town planning information on the private columbaria made known to the Lands Department and/or Planning Department (“the Information”).  However, the Information does not serve to provide licensing requirements nor is it a list of private columbaria fulfilling licensing requirements under the Ordinance.  The Information is for general reference only.

Important Remarks

• Under the Ordinance, except for the private columbaria covered by the grace period, any person who operates, keeps, manages or in any other way has control of a private columbarium in Hong Kong must obtain a specified instrument (i.e. licence, exemption or temporary suspension of liability) through application to the Private Columbaria Licensing Board.  Land/lease and planning requirements form part of the overall requirements for applying for specified instruments under the Ordinance.   The 29 March 2018 round of updating on the land/lease (user restrictions) and planning information relating to private columbaria is the final round of updates by the Development Bureau (“DEVB”).  DEVB will cease to update such information hereafter.  Information on the implementation of the Ordinance will continue to be published by the FEHD on the http://www.rpc.gov.hk/ website.

• The Information only provides, for general reference, relevant information relating to those private columbaria that are made known to the Lands Department and/or Planning Department and which departments have reasons to believe are operating as columbaria. The Information is not exhaustive in listing out all private columbaria within the territory.

• Inclusion of a private columbarium in Part A does not mean that the private columbarium is also compliant with other lease conditions, the licensing requirements under the Ordinance, and/or other statutory requirements.  Inclusion of a private columbarium in Part A only confirms that the use of the lot or the premises as private columbarium is-

1. compliant with user restrictions in the land leases as detailed in the Land/Lease Information in Column 6 of Part A;
2. compliant with statutory town planning requirements as detailed in Column 5 of Part A; and
3. not illegally occupying Government land.

• For some private columbaria, there might be specific restrictions under their land leases or approval conditions of planning permissions, such as the maximum number of niches allowed, permissible gross floor area (“GFA”) for use as columbarium, etc.  Such information has been included in the Town Planning Information and Land/Lease Information in Column 5 and Column 6 of the Information as appropriate.  It should be noted that even for private columbaria in Part A, the Government cannot ensure that the niches on sale or the GFA for columbarium use, etc., are within the limit as permitted under land leases and/or planning permissions or that subsequent to their inclusion in Part A, there is no illegal occupation of Government land.  Members of the public are reminded of the importance to check with the operators of the private columbaria on the relevant land leases and planning permissions of the private columbaria concerned for more detailed information in this respect. 

• Members of the public may access the website of the Town Planning Board (“TPB”) (http://www.ozp.tpb.gov.hk/), call the Planning Department’s enquiry hotline at 2231 5000, or visit the Planning Enquiry Counter at North Point Government Offices and Sha Tin Government Offices to obtain the details of a planning permission/application in respect of particular private columbaria.  For a demonstration on how to search for information in respect of a particular planning application on the website of the TPB, please click here.  Copies of land leases can be obtained from the Land Registry upon payment of the prescribed fee.

•  Members of the public who wish to purchase niches at private columbaria are reminded of the importance of obtaining from the operators full and complete information in order to check whether the columbaria are licensed under the Ordinance and compliant with all relevant statutory and Government requirements.  To protect their own interests, members of the public are also reminded to ascertain from the operators how they will look after the interests of their customers, such as whether and how they would refund or otherwise compensate their customers in the event that the private columbarium subsequently closes down or is disallowed from operating. Members of the public should seek independent legal advice on their rights when necessary.

• The Government reserves the right to take actions against private columbaria included in Part B.  The publication of the Information does not mean that the Government has waived any breach of statutory requirements or lease conditions.

Part A:   Private columbaria compliant with the user restrictions in the land leases and the statutory town planning requirements and are not illegally occupying Government land

Part A sets out the private columbaria compliant with the user restrictions in the land leases and the statutory town planning requirements and are not illegally occupying Government land.

In terms of land lease aspects, the columbaria in Part A are those the land use of which does not contravene the user restrictions in the land leases as detailed therein and they have not occupied government land illegally.

In terms of statutory town planning requirements, the columbaria in Part A should be –

1. an always permitted use under the relevant statutory plan; or
2. covered by a relevant planning permission granted by the TPB; or
3. confirmed to be an existing use (i.e. a use which existed before the gazettal of the first Interim Development Permission Areas (“IDPA”) Plan, Development Permission Area (“DPA”) Plan or Outline Zoning Plan (“OZP”) covering the area, whichever is applicable and has continued since it came into existence).

Part B:  Other private columbaria made known to the Lands Department and/or Planning Department that do not fall under Part A

Part B sets out the private columbaria which are:-

1. made known to the Lands Department and/or Planning Department, which departments have reasons to believe that they are operating as private columbaria; and
2. either-

1. pending checking for compliance with the relevant requirements for inclusion in Part A; or
2. have been confirmed not compliant with the user restrictions in the land leases and/or statutory town planning requirements and/or are illegally occupying Government land.

Disclaimer

The Information is for general reference only.  No statement, representation or warranty, express or implied, is given by the Government as to its accuracy, completeness or appropriateness for use in any particular circumstances.  The Government shall not be responsible for any errors in, omissions from, or misstatements or misrepresentations concerning (whether express or implied) any part of the Information, and shall not be held liable or accept any liability, obligation or responsibility whatsoever for any loss or damage whatsoever (including, without limitation, consequential loss or damage) arising from or in respect of any use, inability to use, misuse of or reliance on the Information.

The Government reserves the right to revise, omit, suspend or edit the Information at any time in its absolute discretion without giving any reason or prior notice.  Users are responsible for making their own assessment of the Information.

The Government does not warrant that all or any private columbaria within the territory shall be included in the Information.

The Chinese version of the Disclaimer is the translation of the English version.

By visiting this website, you agree to accept unconditionally the terms of this Disclaimer.

Development Bureau
March 2018