Power of

Governor in Council to direct

removal and disposal of hutan remains.

Removal of coffius, clo

Power of magistrate to order exhumation.

(Cap. 10.

Expense of rcburial, etc. to be deftayed from public гетелие

where

exhumation

ordered.

Regulations

in relation

to mortuaries.

56

119. Notwithstanding anything contained in this Part, the Governor in Council may by order direct the removal of any human remains from any grave, urn or other receptacle or of any um or other receptacle containing any human remains, whether situated within or without a cemetery, and may direct the disposal thereof in such decent manner as he may think fit:

Provided that no such order shall be made until one month's notice of intention to make such order has been published in the Gazerte.

120. When any human remains are moved under the provisions of this Part, it shall be lawful to move also any coffin, um or other receptacle in which such human remains are contained and any mond- ment or enclosure over or surrounding the same.

121. (1) Notwithstanding anything contained in this Part, a magis- trate may order the exhumation of the body of any person, or the remains of the body of any person, for the purpose of inquiry into the cause of death of such person in accordance with the provisions of the Magistrates (Coroners Powers) Ordinance.

(2) Where any body, or part of any body, has been exhumed under the provisions of subsection (1), the Authority shall provide for the reburial or other disposal of the same in such decent manner as may be appropriate,

122. Whenever, pursuant to any powers conferred by this Part, the Governor in Council, or the Authority or a magistrate, bas caused any human remains to be exhumed or removed, all reasonable expensel in connexion with such exhumation or removal, and with the reburial or other disposal of such remains thereafter within the Colony, shall be defrayed out of the general revenue.

Mortuaries.

123. (1) The Authority may make regulations in relation to mortuaries prescribing or providing for-

(a) registration or licensing and inspection and control (including

prohibition) of mortuaries;

(B) the reception, treatment and custody of human remains; (c) the maintenance, inspection and custody of registers of huma

remains received into mortuaries:

(d) the regulation and control of the transportation of human remains to or from any mortuary or to or from any other place:

(e) fees and charges payable in connexion with the registration or

licensing of mortuaries.

67

(2) Regulations made under subsection (1) may be of general application or limited to any class or type of mortuary or to any place, district or area.

124, (1) Whenever the human remains of any person have lain in Right of any mortuary for forty eight hours after reception therein and no claim Authority to to possession thereof has been made within such period to the person unclaimed dispose of having the management or control of the mortuary by any person dead bodies. baving the right to effect the disposal of such human remains, and. where such right is abandoned, the right to dispose of such human remains shall become vested in the Authority, and the Authority may arrange for disposal thereof in any manner it may think fit.

(2) Any person who knowingly disposes of the human remains, or any part of the human remains, of any person from any mortuary otherwise than in accordance with a claim made by a person having a right to make the same or in accordance with a direction, or with the consent, of the Authority shall be guilty of an offence:

Provided that nothing in this subsection shall make it an offence to transfer the human remains of a person into a mortuary belonging to the Government from a mortuary not so belonging.

PART XII.

MISCELLANEOUS,

125. (1) Where, under the provisions of this Ordinance, any public General officer or public body (referred to in this section as the licensing provisions as

La Licences. authority) is empowered to require registration or to grant any licence eto. or permit, such registration, licence or permit, as the case may be, shall, subject to the provisions of this Ordinance and any regulations made thereunder-

(a) be made or granted subject to such requirements, conditions or restrictions as the licensing authority may think fit to impose for the purpose of carrying out the objects of this Ordinance, and may, for the like purpose, include a declara- tion by the licensing authority waiving the application of any of the provisions of any regulation made under this Ordinance, other than a regulation relating to payment of fees;

(5) be renewed, refused, suspended or cancelled at the sole discre. tion of the licensing authority for the purpose of carrying out the objects of this Ordinance:

Provided that-

(i) the renewal of any registration, licence or permit, upon application by the lawful holder on or before the date of expiry thereof and tender of the fee or charge (if any)

Share This Page