UNDERTAKERS OF BURIALS (URBAN COUNCIL) BY-LAWS - CHAPTER 132CC UNDERTAKERS OF BURIALS (URBAN COUNCIL) BY-LAWS - LONG TITLE Empowering section (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 These by-laws were repealed by section 7 of the Provision of Municipal Services (Reorganization) Ordinance (Cap 552). According to section 7(3) of that Ordinance, the Undertakers of Burials Regulation (Cap 132 sub. leg. CB) applies to and in relation to matters to which these by-laws applied immediately before the repeal and is taken to have replaced these by-laws. For other related savings and transitional provisions, please see sections 8 to 13 of Cap 552. UNDERTAKERS OF BURIALS (URBAN COUNCIL) BY-LAWS - LONG TITLE Empowering section VerDate:30/06/1997 (Cap. 132 section 92B) [20 December 1974] (L.N. 267 of 1974) UNDERTAKERS OF BURIALS (URBAN COUNCIL) BY-LAWS - BYLAW 1 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 These by-laws were repealed by section 7 of the Provision of Municipal Services (Reorganization) Ordinance (Cap 552). According to section 7(3) of that Ordinance, the Undertakers of Burials Regulation (Cap 132 sub. leg. CB) applies to and in relation to matters to which these by-laws applied immediately before the repeal and is taken to have replaced these by-laws. For other related savings and transitional provisions, please see sections 8 to 13 of Cap 552. UNDERTAKERS OF BURIALS (URBAN COUNCIL) BY-LAWS - BYLAW 1 Citation VerDate:30/06/1997 These by-laws may be cited as the Undertakers of Burials (Urban Council) By-laws. (10 of 1986 s. 32(2)) UNDERTAKERS OF BURIALS (URBAN COUNCIL) BY-LAWS - BYLAW 2 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 UNDERTAKERS OF BURIALS (URBAN COUNCIL) BY-LAWS - BYLAW 2 Application VerDate:30/06/1997 These by-laws apply to the Urban Council area only. (10 of 1986 s. 32(2)) UNDERTAKERS OF BURIALS (URBAN COUNCIL) BY-LAWS - BYLAW 3 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 UNDERTAKERS OF BURIALS (URBAN COUNCIL) BY-LAWS - BYLAW 3 Interpretation VerDate:30/06/1997 In these by-laws, unless the context otherwise requires- "burial" (埋葬) includes cremation; "Council" means the Urban Council; "licence" (牌照) means a licence to carry on the activity of an undertaker of burials issued under section 92A of the Ordinance; "undertaker of burials" (殮葬商) means a person whose trade or business it is to undertake all duties connected with the burial of human cadavers and includes a funeral director. "burial" (埋葬) "Council" "licence" (牌照) "undertaker of burials" (殮葬商) UNDERTAKERS OF BURIALS (URBAN COUNCIL) BY-LAWS - BYLAW 4 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 UNDERTAKERS OF BURIALS (URBAN COUNCIL) BY-LAWS - BYLAW 4 Licence, fee and term VerDate:30/06/1997 (1) The fee for a licence shall be the fee as determined by the Council under section 92BA(1) of the Ordinance. (L.N. 99 of 1983; L.N. 239 of 1987; L.N. 22 of 1990; L.N. 161 of 1991; L.N. 76 of 1992; L.N. 130 of 1993; L.N. 306 of 1994; L.N. 353 of 1996) (2) A licence shall be valid for a period of 1 year from the date of issue or such shorter period as may be stated in the licence. UNDERTAKERS OF BURIALS (URBAN COUNCIL) BY-LAWS - BYLAW 5 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 UNDERTAKERS OF BURIALS (URBAN COUNCIL) BY-LAWS - BYLAW 5 Applications for licence VerDate:30/06/1997 An application for a licence shall be made in writing to the Secretary of the Council. UNDERTAKERS OF BURIALS (URBAN COUNCIL) BY-LAWS - BYLAW 6 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 UNDERTAKERS OF BURIALS (URBAN COUNCIL) BY-LAWS - BYLAW 6 Fee for duplicates and for amendment of licences VerDate:30/06/1997 If the Council is satisfied that a licence granted or transferred to any person- (a) has been lost, destroyed or accidentally defaced; or (b) requires amendment, the Council may, upon payment of the fee as determined by the Council under section 92BA(1) of the Ordinance, issue to such person a duplicate of the licence or make the amendment, as the case may be. (L.N. 99 of 1983; L.N. 239 of 1987; L.N. 22 of 1990; L.N. 76 of 1992; L.N. 353 of 1996). UNDERTAKERS OF BURIALS (URBAN COUNCIL) BY-LAWS - BYLAW 7 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 UNDERTAKERS OF BURIALS (URBAN COUNCIL) BY-LAWS - BYLAW 7 Refusals and revocations VerDate:30/06/1997 The Council may refuse to grant or renew a licence, or may revoke a licence granted, to a person if he is under the age of 21 years or if, in the opinion of the Council, such refusal or revocation is in the public interest. UNDERTAKERS OF BURIALS (URBAN COUNCIL) BY-LAWS - BYLAW 8 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 UNDERTAKERS OF BURIALS (URBAN COUNCIL) BY-LAWS - BYLAW 8 Defacing a licence VerDate:30/06/1997 No person shall alter, deface or make any erasure on a licence, and no person shall use, or have in his possession with a view to use, a licence on which an erasure has been made, or which has been wilfully altered or defaced in any way. UNDERTAKERS OF BURIALS (URBAN COUNCIL) BY-LAWS - BYLAW 9 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 UNDERTAKERS OF BURIALS (URBAN COUNCIL) BY-LAWS - BYLAW 9 Premises not to be changed VerDate:30/06/1997 The holder of a licence shall not carry on the business of an undertaker of burials at any other premises than those specified in the licence. UNDERTAKERS OF BURIALS (URBAN COUNCIL) BY-LAWS - BYLAW 10 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 UNDERTAKERS OF BURIALS (URBAN COUNCIL) BY-LAWS - BYLAW 10 Register VerDate:30/06/1997 (1) A licensed undertaker of burials shall keep a register either in the Chinese or the English language in which shall be recorded the following particulars- (a) the name and address of the deceased; (b) the age or approximate age of the deceased; (c) the sex of the deceased; (d) the date, place and cause of the death of the deceased; (e) the date and number of the death certificate and of any permit for the burial, cremation, import to or removal from Hong Kong, as the case may be, of the remains of the deceased; (10 of 1986 s. 32(2)) (f) the name and address of the medical practitioner (if any) who certified as to the death of the deceased, and of the person signing any permit for burial, cremation, import to or removal from Hong Kong, as the case may be, of such remains; (g) the manner and place in which such remains were disposed of. (10 of 1986 s. 32(2)) (2) A licensed undertaker of burials shall cause every such register to be open to inspection at any time by any health officer, health inspector, police officer, member of the Council or any public officer authorized for this purpose by the Council in writing. UNDERTAKERS OF BURIALS (URBAN COUNCIL) BY-LAWS - BYLAW 11 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 UNDERTAKERS OF BURIALS (URBAN COUNCIL) BY-LAWS - BYLAW 11 Offences and penalties VerDate:30/06/1997 Any person who contravenes the provisions of by-law 8, 9 or 10 shall be guilty of an offence and shall be liable on conviction to a fine at level 2 and to imprisonment for 6 months. (L.N. 320 of 1987; L.N. 177 of 1996) UNDERTAKERS OF BURIALS (URBAN COUNCIL) BY-LAWS - BYLAW 12 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 UNDERTAKERS OF BURIALS (URBAN COUNCIL) BY-LAWS - BYLAW 12 Form VerDate:30/06/1997 The form of a licence shall be that in the Schedule. UNDERTAKERS OF BURIALS (URBAN COUNCIL) BY-LAWS - BYLAW 13 (Spent) VerDate:30/06/1997 (Spent) UNDERTAKERS OF BURIALS (URBAN COUNCIL) BY-LAWS - BYLAW 14 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 UNDERTAKERS OF BURIALS (URBAN COUNCIL) BY-LAWS - BYLAW 14 Name in which proceedings for offences may be brought VerDate:30/06/1997 Without prejudice to the provisions of any other enactment relating to the prosecution of criminal offences and without prejudice to the power of the Attorney General in relation to the prosecution of such offences, prosecutions for an offence under any of the provisions of these by-laws may be brought in the name of the Council. UNDERTAKERS OF BURIALS (URBAN COUNCIL) BY-LAWS - SCHEDULE SCHEDULE (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 UNDERTAKERS OF BURIALS (URBAN COUNCIL) BY-LAWS - SCHEDULE SCHEDULE VerDate:30/06/1997 [by-law 12] Licence No. ............................. UNDERTAKER'S LICENCE UNDERTAKERS OF BURIALS (URBAN COUNCIL) BY-LAWS .......................................................... of ...................................................................... is hereby licensed to undertake and perform burials of the dead in the cemeteries or crematoria allotted for that purpose, until the ........................................................................... ....... day of ....................................................., 19 ............ inclusive, subject to the provisions of the Public Health and Municipal Services Ordinance and relevant by-laws and to such requirements and conditions as are notified to the licensee in writing. Dated this ................................. day of ......................, 19 ...... Secretary, Urban Council. (L.N. 34 of 1975; 10 of 1986 s. 32(2))