1961-HKRS30-8-51_Part05 — Page 44

First Schedule.

Application

for cremation permit, Second

Schedule.

(Form 19, Cap. 174).

Second Schedule.

"private crematorium" means a crematorium specified in Part II of the

First Schedule;

"Registrar of Births and Deaths" includes any deputy registrar of births

and deaths.

PART II.

Permits to cremale.

3. (1) Application for a permit to cremate any human remains may be made in Fonn 1 of the Second Schedule to the Director of Medical and Health Services by any of the following persons waking priority inter se in the order set out in this regulation-

(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 forty-eight 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 Medical and Health Services, is a suitable and proper persoO to make the application.

(2) Every application made under paragraph (1) shall be accom- panied by

(a) a certificate issued in accordance with the provisions of para- graph (b) of section 20 of the Births and Deaths Registration Ordinance, certifying the cause of death of the deceased; and (b) a medical certificate in Form 2 of the Second Schedule to these regulations issued by a medical practitioner or by the Registrar of Births and Deaths; or

(c) in the case of an application made in respect of a still boru child, a certificate or declaration, as the case may be, issued or made in accordance with the provisions of section 18 of the Births and Deaths Registration Ordinance; or

(d) in the case of the human remains of any person who has died in any place out of the Colony, such documentary evidence of the cause of death of the deceased as, in the opinion of the Director of Medical and Health Services, establishes that the deceased did not die from the effects of poison, violence, illegal operation, privation or neglect.

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4. (1) Upon application being made in accordance with the Grant of provisions of regulation 3, the Director of Medical and Health Services cremation

permil. may, in bis absolute discretion, grant to the applicant a permit in Form 3 of the Second Schedule, authorizing the cremation of the second human remains in respect of which the application was made at a Schedule. crematorium to be specified in the permit:

Provided that no such permit shall be granted in any case in which-

(a) a magistrate in exercise of his powers as coroner has given notice that he intends to hold an inquest on the dead body in respect of which the application was made, or

(8) the Director of Medical and Health Services knows or has reason to believe that the deceased person has left a direction in writing to the effect that his human remains shall not be disposed of by cremation.

(2) Any person who, knowing or having reason to believe that any deceased person has left a direction in writing to the effect that bis 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

(6) 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.

5. (1) The Director of Medical and Health Services may, at any Cancellation time between the issue thereof and the cremation in respect of which of cremation

permits. it was issued, cancel any cremation permit issued by him by-

(a) serving upon the person to whom such permit was issued a

notice in writing declaring the cancellation of the permit: or

(5) if in the opinion of the Director of Medical and Health Services notice cannot conveniently be served upon such person a reasonable time before the cremation is due to take place, by directing the officer in charge of the crematorium specified in the permit not to carry out the cremation where- upon such officer shall refuse to carry out such cremation. (2) Every cremation permit cancelled by the Director of Medical and Health Services shall be returned to him by the person to whom it was issued within forty-eight hours after the cancellation thereof or of the refusal to carry out the cremation, as the case may be.

(3) If for any reason after the Director of Medical and Health Services has granted a cremation permit the human remains in respect of which it was granted are not disposed of by cremation, the person to whom the permit was granted shall, within seven days after the intention to cremate such remains is abandoned, return the permit to the Director of Medical and Health Services for cancellation.

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