【法规名称】
【法规编号】 42083 什么是编号？
【正 文】
第3页 CAP 1112 CHINESE PERMANENT CEMETERIES ORDINANCE
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[接上页] Cap 1112 s 7A Power of the Board to employ manager of investments (1) The Board may employ any person or body to manage the investment of the moneys of the Board, or any property held by the Board for the purpose of investment. (2) Where the Board employs a person or body under subsection (1), the Board, or a committee appointed under section 5(1) and expressly authorized in that regard, may from time to time issue in writing to such person or body general or specific directions relating to the performance of his or its functions, and such person or body shall act in accordance with such directions. (3) The Board shall not be responsible for the consequences of any act or omission of a person or body employed under subsection (1) in good faith if such act or omission is not consistent with any direction given under subsection (2) by the Board or a committee. (Added 31 of 1994 s. 4) Cap 1112 s 8 Power of the Board to make rules (1) The Board may make rules to govern- (a) the conduct of the internal affairs of the Board; and (b) the management and use of any Chinese Permanent Cemetery.(2) Without prejudice to the generality of subsection (1), such rules may- (a) lay down a scale of fees to be charged on the grant to any person of a right to use or designate a grave space for the burial of himself or any member of his family; (b) regulate the manner of burial and the forms of burial service, ceremonies or rites to be performed in commemoration of the dead; (c) regulate the dimensions, allocation and use or reservation of grave spaces; (d) provide for the termination and cancellation of any right referred to in paragraph (a); and (e) provide for the disinterment and removal of human remains.(3) Nothing in this section shall be construed to empower the Board to make any rule- (a) which derogates from any of the provisions of any by-laws or regulations made pursuant to any of the provisions of the Public Health and Municipal Services Ordinance (Cap 132) which relate to the control of private cemeteries within the meaning of that Ordinance; or (Amended 10 of 1986 s. 32(1)) (b) the contravention of which shall constitute a criminal offence by any person. Cap 1112 s 9 Incorporation of the Board and use of common seal (1) The Board shall be a body corporate and shall have the corporate name of "The Board of Management of the Chinese Permanent Cemeteries", and in that name shall have perpetual succession and may sue and be sued in all courts and shall have and may use a common seal bearing such name. (2) Any deed, document or other instrument requiring the seal of the Board shall be sealed with the common seal and signed by the Chairman and by the Secretary or the Treasurer of the Board or by such other person as the Board may by resolution appoint for that purpose and such signing shall for all purposes be taken as sufficient evidence of the due sealing of such deed, document or other instrument. Cap 1112 s 10 Accounts (1) The Board shall cause proper accounts to be kept of all transactions of the Board and shall cause to be prepared for every period of 12 months ending on 31 December, in each year, a statement of the accounts of the Board, which statement shall include an income and expenditure account and a balance sheet. (2) The accounts of the Board and the statement of the accounts shall be audited by a certified public accountant (practising) as defined in the Professional Accountants Ordinance (Cap 50), not being a member or ex-member of the Board, who shall certify the statement subject to such report, if any, as he may think fit. (Amended 76 of 1973 s. 3; 23 of 2004 s. 56) (3) The audited statement of accounts together with the auditor's report, if any, shall thereafter be laid before the Board at the next succeeding annual meeting thereof. Cap 1112 s 11 Transitional provisions On the commencement of this Ordinance- (a) all those pieces or parcels of land appropriated by the several Deeds of Appropriation to the use of the former Board are deemed to have been appropriated to the use of the Board upon the same terms and conditions upon which they were appropriated to the use of the former Board until the said land be vested in the Board by appropriate leases of the same; (b) the existing rules governing the maintenance and management of Chinese Permanent Cemeteries made by the former Board shall be deemed to have been made by the Board and shall remain in operation unless and until the same be revoked or replaced by new rules made by the Board pursuant to the provisions of section 8. Cap 1112 s 12 Saving Remarks: Adaptation amendments retroactively made - see 4 of 2000 s. 3 Nothing in this Ordinance shall affect or be deemed to affect the rights of the Central Authorities or the Government of the Hong Kong Special Administrative Region under the Basic Law and other laws, or the rights of any body politic or corporate or any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. (Amended 4 of 2000 s. 3) |
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