1973-HKRS28-16-21_Part03 — Page 2

Amendment of section 130.

Offences.

Fees and charges to

be part of funeral ExpeTHICS.

Saving for

coroner.

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(g) closing of crematoria, other than Govern- ment crematoria. and delegation of authority to order such closure.

(2) Any provisions relating to the destruction and falsification of registers of burials contained in any enactment, and the admissibility of extracts therofrom as evidence in courts and otherwise, shall apply to the registers of burnings directed by such regulations to be kept.

124F. (1) Any person who knowingly carries out or procures or takes part in the burning of any human remains, except in accordance with the pro- visions of this Part and the regulations made here- under, shall (in addition to any liability or penalty which he may otherwise incur) be guilty of an offence.

(2) Any person who wilfully makes any false declaration or representation, or signs or utters any false certificate, with a view to procuring the burning of any human remains, shall (in addition to any penalty or liability which he may otherwise incur) be guilty of an offence.

(3) Any person who, with intent to conceal the commission or impede the prosecution of any offence, procures or attempts to procure the cremation of any body, or, with such intent, makes any declaration or gives any certificate under this Part, shall be guilty of an offence,

124G. The prescribed fees, and charges and expenses properly incurred in or in connexion with the cremation of a deceased person, shall be deemed to be part of the funeral expenses of the deceased.

124H. Nothing in this Part shall interfere with any jurisdiction or power of any coroner to order the cremation of a body, and nothing in this Par shall authorize any person to create or permit a nuisance."

10. Section 130 of the principal Ordinance is amended- (a) in subsection (6), by deleting "and, where the public body is the Urban Council, by the Director of Urban Services."; and

(b) by adding after subsection (6) the following new sub-

section-

"(6A) Any sum which the Urban Council is entitled to recover under the provisions of this

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Ordinance may be recovered by the Director of Urban Services summarily as a civil debt due to the Urban Council or as a simple contract debt due to the Urban Council in any court of com- petent jurisdiction.".

11. The principal Ordinance is amended by adding, after section 137, the following new section-

"Application 137A. Any part of a stadium, museum, library of Summary or civic centre to which from time to time the public Offences Ordinance.

has access, whether on payment or otherwise, shall, during such time, be deemed to be a public place for the purposes of the Summary Offences Ordinance and the Public Order Ordinance.".

(Cap. 228.)

(Cap. 2433

12. Section 144 of the principal Ordinance is repealed and replaced by the following-

"Use of premises by the Govern-

ment.

Restriction on certain powers.

144. The Governor in Council may direct that any premises the management and control of which is vested in the Urban Council by this Ordinance be made available for use by the Governmacol on any ceremonial or other public occasion.

1444. The Governor shall not exercise the powers conferred by sections 42A(1), 76A(1), 79(3), 105A(1), LOSG, 105K(1), 105M(1), 106(1), and 124A(4) in relation to any premises which are the subject of a Crown lease without the consent of the lessco thereof.".

13. Section 145 of the principal Ordinance is repealed and replaced by the following-

"Fees.

145. Any rents, fees or other charges whatso- ever, including the proceeds of any sale, collected under any provision of this Ordinance, shall be paid-

(a) to the Urban Council where the Urban Council is the Authority for the purposes of such provision; and

(b) to the general revenue in any other case.".

14. The Third Schedule to the principal Ordinance is amended-

(a) by inserting after "42(1)

Urban Council Governor in Council" the following-- Urban Council

*428

Addition al

new section 137A.

Repeal and replacement of section 144.

Repeal and replacement of section 145.

Amendment of Third Schedule.