There is no denying we are all consumers from cradle to grave.
The issue with unauthorised columbarium is rightly of concern to consumers eager to ascertain the columbarium service being provided is in compliance with the relevant legislation and land lease.
The Consumer Council believes that the problem stems from a chronic shortage of supply of columbarium niches, falling far short of the demand in the market.
In the long run, the Government is urged to increase the supply of public columbarium niches, on the one hand, and to consider regulations governing the sales of private niches, on the other.
In the meantime, consumers should ask the columbarium operators to show that the operation conforms with the statutory plans and the relevant lease restrictions. They will do well to empower themselves with information to check out the legality of the niches before purchase.
To assist consumers, the Consumer Council has compiled a report with the aid of Government bureaux and departments concerned.
First and foremost, consumers should check if the operation of a private columbarium concerned is in compliance with the relevant requirements on planning.
Under the Town Planning Ordinance, any columbarium must conform to the requirements of the land use zoning as specified in the statutory plan for the site concerned. Consumers can check this out with the Planning Department or browse the website of the Town Planning Board.
Second, the owners of the land on which the private columbarium is sited, are required to ensure that the use of the land for that purpose is in compliance with all the terms in the land lease. Copies of the land lease can be obtained from the Land Registry.
For a detailed guide to this two-step checkout, consumers can refer to this (April) issue of CHOICE. Included in the report were also two tables listing some of the public and private columbaria in compliance with land use zoning requirements:
- A list of private premises that conform to the requirements of land use zoning as specified in the Notes of the Outline Zoning Plan. These generally include sites which are zoned for "Other Specified Uses" annotated "Cemetery" or "Columbarium" or "Funeral Parlour and Crematorium" or "Crematorium, Columbarium, Funeral Services Centre and Open Space" uses.
- A list of private premises of which planning permission has been granted by the Town Planning Board for the development of columbaria.
- Included in the report was a third table showing a list of public and private (managed by private cemetery bodies and monitored by the Food and Environmental Hygiene Department) niches and graves (with information on both their availability and price).
Consumers are advised to always ask for complete information (including detailed address and lot number) from the operator and to follow the two-step checkout. Be sceptical of the salesperson who refuses to supply relevant information; such as the planning permission obtained or the lease requirements of the site concerned; and if in doubt, don't buy.
Further, ask the sellers to incorporate terms of warranty into the contract to ensure the operation of the columbarium is in legal compliance, and arrangements for rescission of agreement, refund or compensation should it turn out later that they are in breach of the required planning or lease conditions.
Alternatively, consumers may consider disposal of remains in Gardens of Remembrance or in designated Hong Kong waters.
The Consumer Council reserves all its right (including copyright) in respect of CHOICE Magazine and Online CHOICE ( https://echoice.consumer.org.hk/ ).