Annex
EXTRACT FROM JOINT DECLARATION
JD 53: Legal System: Laws previously in force
"After the establishment of the Hong Kong Special Administrative
Region, the laws previously in force in Hong Kong (ie the common
law, rules of equity, ordinances, subordinate legislation and
customary law) shall be maintained, save for any that contravene the
Basic Law and subject to any amendment by the Hong Kong Special
Administrative Region legislature.
EXTRACT FROM DRAFT BASIC LAW OF THE HONG KONG SPECIAL ADMINISTRATIVE
REGION
Article 159
"Upon the establishment of the Hong Kong Special Administrative
Region, the laws previously in force in Hong Kong shall be adopted
as laws of the Region except for those which the Standing Committee
of the National People's Congress declares to be inconsistent with
this Law. If any laws are later discovered to be inconsistent with
this Law, they shall be revised or cease to have force in accordance
with the procedure as prescribed by this Law.
Documents, certificates, contracts, and rights and obligations valid
under the laws previously in force in Hong Kong shall continue to be
valid and be recognised and protected by the Hong Kong Special
Administrative Region, provided that they are not inconsistent with
this Law."
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(b) if the human remains referred to in the notice are not lawfully buried or cremated within the period specified in the notice, take possession of the human remains and arrange for their disposal in any manner it may think fit.
(2) The Authority may take possession of any human remains and arrange for their disposal in any manner it may think fit, if it is satisfied that—
(a) no person who has the right to dispose of the human remains is in Hong Kong or can be readily ascertained or found; or (Amended 10 of 1986 s. 24)
(b) every person who has the right to dispose of the human remains is
under disability.
(3) Any person who
(a) fails to comply with a notice served on him under subsection (1)(a); or (b) after the expiration of any period specified in a notice under sub- section (1)(a), has in his possession without the written permission of the Authority any human remains to which the notice relates,
shall be guilty of an offence.
(4) For the purposes of this section, "human remains" does not include skeletal remains.
(5) Nothing in this section shall derogate from any provision in any enactment which permits the use of any human remains or the removal and use of part of any human remains for therapeutic purposes or for purposes of medical education or research.
Cemeteries
(Added 48 of 1969 s. 7)
Public and private cemeteries
113. (1) The places specified in Parts I and III of the Fifth Schedule shall be places set apart for use as public cemeteries.
(2) The places specified in Parts II and IV of the Fifth Schedule shall be places set apart for use as private cemeteries.
(2A) The places specified in Part IVA of the Fifth Schedule shall be places set apart for use by the Commonwealth War Graves Commission as Common- wealth War Graves Commission Cemeteries. (Added 69 of 1976 s. 2)
(3) The Governor in Council may by order amend, or add any cemetery to or delete any cemetery from, the Fifth Schedule.
Plans and demarcation of cemeteries
114. (1) The Authority shall, as soon as practicable, prepare a plan of every cemetery and mark the boundaries thereof in such manner as it may think fit.
1988 Ed.]
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(2) Where the boundaries of any cemetery are so varied, or any cemetery is otherwise so changed, as to render any plan deposited in accordance with the provisions of subsection (3) no longer accurate, the Authority shall withdraw the plan so deposited and shall, as soon as practicable, prepare an amended plan or a new plan of such cemetery and, where necessary, further mark the boundaries thereof in such manner as it may think fit.
(3) Every plan prepared in accordance with the provisions of subsec- tion (1) or (2) shall be deposited in the appropriate Land Office.
General management and closure of public cemeteries and Commonwealth War Graves Commission Cemeteries
115. (1) The general management and control of public cemeteries and Commonwealth War Graves Commission Cemeteries shall be vested in the Authority. (Amended 69 of 1976 s. 3)
(2) The Authority may by notification in the Gazette declare any public cemetery or any Commonwealth War Graves Commission Cemetery, or any part of such a cemetery, to be closed. (Replaced 69 of 1976 s. 3)
(3) Any person who buries, or causes or permits to be buried, any human remains, or deposits, or causes or permits to be deposited, any urn containing any human remains, in any cemetery or any part of any cemetery which has been declared to be closed under the provisions of subsection (2) shall be guilty of an offence.
Regulations relating to cemeteries
116. (1) Notwithstanding anything contained in any deed of appropria- tion, deed of grant or other instrument relating to any cemetery, the Authority may make regulations prescribing or providing for--
(a) the marking or otherwise identifying of graves, vaults and urns, and the provision, custody, maintenance and inspection of registers of burials therein;
(b) the control of the number of dead bodies which may be buried in any
one grave or vault;
(c) the interspace between graves and between vaults;
(d) the manner of closing, turfing or covering of graves, the materials to be used therefor and the period within which any grave must so closed, turfed or covered;
(e) the re-opening of graves and vaults and the removal of human remains
therefrom;
(f) the prevention and abatement of nuisances in connection with any cemetery, grave, vault, urn or the burial of any human remains;
(g) the entry and inspection of cemeteries and vaults;
(h) the proper management of cemeteries;
(i) the depth and size of graves and vaults;