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Kwok Cheuk-kin is seeking a judicial review of the decision by the director of the Food and Environmental Hygiene Department not to stop the use of a pavilion for funerals. Photo: SCMP

Cheung Chau man sues to end funeral 'nuisance' at pavilion near homes

In a High Court, Kwok Cheuk-kin is seeking a judicial review of the decision by the director of the Food and Environmental Hygiene Department not to stop the use of a pavilion for funerals.

JULIE CHU

A Cheung Chau resident is taking legal action to force the authorities to close an unlicensed funeral parlour that he says is causing a nuisance to neighbours.

In a High Court, Kwok Cheuk-kin is seeking a judicial review of the decision by the director of the Food and Environmental Hygiene Department not to stop the use of a pavilion for funerals.

Kwok, who has lived on the island for more than 20 years, says the pavilion on Chung Hing Praya Street is less than 10 metres from homes.

He says that every time a funeral is scheduled at the pavilion, the coffin is brought there about a day before the funeral, and funeral rites, including music and chanting of scriptures, cause a nuisance to residents nearby.

"Since the pavilion is not enclosed, the whole funeral ceremony can be viewed by the general public. The residents nearby can even see the coffin and funeral offerings from their bedrooms," the writ stated.

Kwok made a series of complaints to the department.

Last July, the department replied to say that hygiene conditions were good and that it had not found any case of a dead body in a sealed coffin remaining at the pavilion for more than 48 hours.

Kwok's writ cited the Funeral Parlours Regulations as saying: "Save under and in accordance with a licence granted by the director, no person shall carry on the business of a funeral parlour."

He accused the director of disregarding the regulation and asked the court to review it.

This article appeared in the South China Morning Post print edition as: Islander sues to stop public funerals
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