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SCMP Reporter

Pressure is mounting on Lands Department officials to disclose a list of legal private columbariums amid a crackdown against those that could be operating in breach of their  leases.
The  move by the Consumer Council and a legislator came after the department confirmed that at least four niches' operators may have infringed leases that disallow urn storage on their private properties.
 After Sai Lam Temple and Memorial Park Hong Kong in Sha Tin, the Chuk Lam Sim Yuen temple in Tsuen Wan and Yan Hau Ancestral Hall in Fo Tan have become the latest two columbariums called into question.
The department  warned the ancestral hall about an alleged lease breach,  but the operator ignored the warning and insisted  it had conformed to  its land leases. It was not known if the department would take legal action.  
 The department  said the Tsuen Wan temple, which has a history of over 80 years, was trying to rectify the problem  by seeking amendments to the land lease. But it has yet to clarify whether such a change was compatible with the current land-use zoning.
A spokesman for the temple  was unable to comment on the issue. 
Lands officials would not rule out the  possibility of  other columbariums violating the terms of their  leases. 'It is impossible for land officers to regularly inspect all land uses in every private land lot, but we will arrange on-site inspection once we receive complaints,' a department spokesman  said. 
The South China Morning Post has  found five more columbariums  on land where either no  use as urn storage was allowed or prior planning permission was required for building a columbarium.
Two of the columbariums  - at 167 Reclamation Street in Yau Ma Tei and 37 Winslow Street in Hung Hom - are on sites zoned for  residential use only. The other three -  at 18 Sha Tau Kok Road in Fanling, 178B Tsing Shan Tsuen in Tuen Mun, and 2 Mui Shue Hang - are zoned for government, institutional or community use. 
The  department has yet to reply to the Post about whether these columbariums have breached their  leases and what  it is going to do with them.
Consumer Council chief executive Connie Lau Yin-hing said department officials should increase transparency to relieve public concern about the legality of the city's columbariums.
'There should be a trustworthy list of columbariums on the internet to inform the public about where the safe places to buy niches are and how many niches are there for sale,' she said. 
Tanya Chan, a Civic Party lawmaker,  has written to the department to ask for the release of more information to the public and is seeking a meeting with  officials.  
A department spokeswoman  would not say if  it would compile such a list for public reference. It only advised the public to seek professional help if  they had doubts about any columbarium.
'The public is reminded to check the detailed information about the columbarium,' she said.
'They could also ask the operator to provide the land lease document for inspection to ensure the operator conforms to all legal requirements. 
'If needed, they should also seek advice from professionals.' 
The spokeswoman also explained  that the dispute with Memorial Park Hong Kong over the definition of human remains should be put into the context of a private contractual agreement. 
She said the interpretation of the term under the cremation law should not be applied in such an agreement or vice versa.



Department urged to release list of legal columbariums