Hong Kong Regulations

CHINESE PERMANENT CEMETERIES RULES - RULE 12

Reversion of subscriber lots

(1) Where a subscriber attempts to transfer or assign a subscriber  lot
contrary to rule 10(2), all unused subscriber lots standing reserved and
allocated in his name shall revert to the Board in accordance with this rule.

(2) Where the Board has reason to believe that a subscriber attempts to
transfer or assign a subscriber lot, it shall cause a notice to this effect to
be published in the Gazette and in not less than 2 local Chinese newspapers
together with details of the particular subscriber lots calling upon the
subscriber to show cause within 3 months from the date of the publication of
the notice why his subscriber lots should not revert to the Board.

(3) The subscriber may show cause by sending to the Board a written statement
of his objections.

(4) Upon receipt of a written statement of the objections under rule 12(3),
the Board may give preliminary consideration to the objections in the absence
of the subscriber and may decide to withdraw the notice in rule 12(2).

(5) If the Board decides to withdraw the notice in rule 12(2), it shall give
notice in writing of such decision to the subscriber by registered post
whereupon the notice by the Board in rule 12(2) shall be deemed to have been
withdrawn.

(6) If the Board decides not to withdraw the notice in rule 12(2), it shall
give notice thereof to the subscriber and to invite the subscriber to attend a
meeting of the Board at not less than 14 days' notice at which the subscriber
shall if he so desires be heard.

(7) Where-

   (a)  after hearing the subscriber in the meeting; or

   (b)  the subscriber fails to attend before the Board, and the Board
        maintains its decision not to withdraw the notice in rule 12(2), the
        Board shall give notice, together with an adequate statement of the
        reasons, by registered post of its decision to the subscriber. (6 of
        1994 s. 60)

(8) Any subscriber aggrieved by the service on him of a notice under rule
12(7) may, within 28 days after such service, appeal to the Administrative
Appeals Board. (6 of 1994 s. 60)

(8A) A decision that is appealed against under rule 12(8) shall be suspended
in its operation as from the day on which the appeal is made until such appeal
is disposed of, withdrawn or abandoned unless such suspension would, in the
opinion of the Board, be contrary to the public interest and the notice of the
decision contains a statement to that effect. (6 of 1994 s. 60)

(9) If the subscriber fails to show cause within 3 months from the date of the
publication of the notice in rule 12(2) or if the Board decides not to
withdraw the notice in rule 12(2) and no appeal is made by the subscriber
within the period of 28 days in rule 12(8) or if an appeal is made but is
later withdrawn or abandoned or is dismissed by the Administrative Appeals
Board, all unused subscriber lots standing reserved and allocated in his name
shall revert to the Board. (6 of 1994 s. 60)

(10) Any subscriber lot which reverts to the Board under this rule shall be
available for any allocation by the Board.