The Government is considering a voluntary registration system to increase the transparency of private columbaria and enhance consumer protection.
Secretary for Food & Health Dr York Chow told lawmakers today the operation of private columbaria must comply with statutory requirements, including land-use zoning. The use of the land cannot breach the land lease terms.
The Town Planning Board conducts public consultation according to statutory procedure when it receives an application for planning permission or change of land use for the provision of a private columbarium.
The Lands Department will inspect a site and seek legal advice upon receipt of a complaint about a breach of land use requirements stated in land leases, including those involving private columbaria. Where landowners apply for regularising the breach, the department will consider each application in light of the actual circumstances.
Under normal circumstances concerning the purchase of private columbarium niches, people can pursue their claims under the Law of Contract if they consider the providers are in breach of the sale and purchase contracts.
"We call on the public to ask the sellers of columbarium niches to provide them with full and complete information to ensure the columbarium niches are in compliance with the relevant legislation and land lease requirements before buying the columbarium niches. They should also seek professional advice where necessary," Dr Chow said.
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