No law to stop businesses from carving niche in housing dead

When are human remains not human remains? In the last four years, there has been much news concerning unauthorised columbariums.

The city has a shortage of niches for storing urns containing cremated human remains, sometimes referred to as cremains. Such a shortage, coupled with a cultural reluctance to keep cremains in the home or scatter them - both common practices in many other countries - has made columbariums big business.

In Hong Kong's market-driven economy, it is no surprise that businesses want to cash in on the demand and lack of regulation. Even monasteries have opted to take advantage by expanding provision from the faithful to anyone who can pay.

Concern has also been expressed about the conversion of flats in New Territories village houses into unauthorised columbariums. The government contends this is contrary to the Special Condition of Sale No.5 attached to post-1911 land leases (or the General Condition of Sale No.15, 1924).

The condition states: "Without the consent of the district officer no grave shall be made on, nor shall any human remains be interred in, or deposited on the lot sold either in earthenware jars or otherwise, and a covenant to this effect shall be inserted in the crown lease of the lot."

At first reading, the government's interpretation seems correct as human remains must surely include cremains. But there are problems with this interpretation, most of which are derived from ordinances, regulations or government statements on the treatment of human remains.

Many ordinances and regulations specifically exclude cremains from human remains in their interpretation sections or distinguish cremains from uncremated human remains.