CO129-409 - Governor Sir May - 1914 [1-3] — Page 483

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

481

Report on an

Ordinance entitled an Ordinance to provide for the

regulation of the burning of Human Remains and to

enable Crematoria to be established.

1/- During the last few years the disposal of Human Remaine

by Cremation in the Colony has shewn signs of increase. Al-

thoughnė practiced by the Chinese, amongst the growing Japa-

nese community cremation is a regular feature, whilst amongst

some of the Indian, notably Sikh, denizens of the Colony, cre-

mation forms an essential feature generally. Cremation

amongst the Sikh community is already carried out in the neigh-

bourhood of their temple, whilst applications for permission

to erect Crematoria have been received from the members of the

Japanese community. Under these circumstances the attention

of the Government was drawn by the Sanitary Board which exists

under the Public Health and Buildings Ordinance of 1903 and

which would naturally be the body primarily responsible for

seeing thatthe necessary arrangements connected with the prac-

to tice of cremation were properly carried out the fact that

there did not appear to be sufficient provision in the law

enabling a proper control the establishment of Crematoria

and over the, burning of Human Remains.

Under the Public Health and Buildings Ordinance of 1903,

the Board has power to make byelaws with regard to the dis-

posal of the dead and the regulation' and sanitary maintenance

of Cemeteries, but it was not thought that these powers were

and "A

adequate for the purposes required accordingly the present

Ordinance was introduced.

It is largely taken from the

Cremation Act 1902, 2 Edward VII, ch. 8.

2/-

Section 1 of the Ordinance if formal.

Section 2 defines "Burial Authority" and "Crematorium" The former is adapted from Section 2 of the Cremation Act 1902,

| ↑

and the latter is taken verbatim from the same Section.

Section 3 is taken from the fourth section of the Cremation

Act 1902 and enables a Burial Authority as defined in the ordi-

nance to provide and maintain Crematoria but provides that no

crematorium shall be utilized until it has been approved by the

Director of Public Works and certified by the Buriel Authority

to be complete and constructed in accordance with the approved

plans and properly equipped for its special purpose.

Section 4 of the Ordinance prohibits the construction of

a crematorium within aeasonable distance of a dwelling house

or highway but gives power to the Governor-in-Council to au-

thorize the maintenance of any existing crematorium for such period as hy be thought fit. This section is taken from

Section 5 of the Cremation Act 1902.

By Section 5 power is given to the Governor-in-Council to

make regulations as to maintenance and inspection of crema-

toria and the conditions under which cremation may take place

also directing the disposition and interment of the ashes and prescribing the forms of notices, certificates and declarations which must be given before any cremation is allowed to take

place. This section is taken from Section 7 of the Crema=

tion Act 1902.

Section 6 of the Ordinance provides penalties for the con- travention of any regulation or for any offence against the Ordinance; for wilfully making false declarations, represen- tations or certificates in connection with the burning of any human remains; and for any procurement of or attempting to

for the purpose of con- procure the cremation of any body, cealing the commissien or hindering the prosecution of any

offence.

This section is taken from Section 8 of the Cre-

mation Act 1902.

Section 9 gives power to the Burial Authority to demand payment of such charges or fees for cremation as may be au-

thorized

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