Enforcement actions against illegal hillside burial cases
The Home Affairs Department, the Food and Environmental Hygiene Department (FEHD) and the Lands Department (LandsD) today (November 11) launched a joint enforcement operation at the Permitted Burial Ground (PBG) of Po Toi O (SK/03) in Sai Kung against illegal hillside burials. It is anticipated that 44 illegal graves/urn houses/urns will be removed in about three days' time and the human remains therein will be reburied at the Sandy Ridge Cemetery.
The FEHD and the LandsD posted notices on 44 unauthorised graves/urn houses/urns located within the PBG of Po Toi O in Sai Kung on September 23 and 24 this year, requiring the related persons of the graves/urn houses/urns concerned to cease occupation of the government land and to contact relevant government departments on or before October 24 this year, or else the human remains therein would be reburied at the Sandy Ridge Cemetery. As all the 44 graves/urn houses/urns remained unclaimed upon expiry of the deadline, the Government commenced the clearance operation today.
The Government has been implementing a pilot scheme on the management of PBGs in individual PBGs since 2016. Taking into account the actual circumstances of each PBG, the Government has been implementing appropriate improvement measures, including erecting boundary pillars for the PBGs, conducting record surveys of existing graves/urn houses/urns, imposing restrictions on the size of burial sites and demarcating available spaces in PBGs for new applications of burial sites, in order to ensure that the places of burials are within PBGs. The pilot scheme has now been extended to 15 PBGs, covering all nine administrative districts in the New Territories.
Having examined the data obtained from the pilot scheme, the Government has commenced enforcement actions against illegal burials in the PBGs in phases from July 2021 onwards. Besides conducting enforcement actions in the PBG of Po Toi O in Sai Kung, the Government will also commence follow-up actions in other PBGs under the pilot scheme, including posting notices on other unauthorised graves/urn houses/urns before the coming Ching Ming Festival, with a view to removing unclaimed graves/urn houses/urns as soon as possible after the expiration of the notice period.
A Government spokesman reiterated that, according to the Land (Miscellaneous Provisions) Ordinance (Cap. 28), it is an offence when any person occupying government land, otherwise than under permission from the Authority, does not cease the occupation as required by a notice prescribed by the Ordinance. Any property or structure on the occupied government land may be demolished and removed by the Government, and the occupier may be prosecuted. Furthermore, according to the Public Health and Municipal Services Ordinance (Cap. 132), it is an offence to bury human remains without permission in writing of the Authority. Offenders are liable to prosecution, and the human remains inside the graves concerned will be removed.
HKSARG responds to reauthorization of the so-called Sanctions Provisions under HKHRDA incorporated in National Defense Authorization Act for Fiscal Year 2025
The Hong Kong Special Administrative Region (HKSAR) Government today (December 26) strongly disapproves of and firmly rejects US' reauthorization of the so-called Sanctions Provisions under the Hong Kong Human Rights and Democracy Act (HKHRDA) incorporated in National Defense Authorization Act for Fiscal Year 2025.
A spokesman for the Government said, "In accordance with international law and international practice based on the Charter of the United Nations, it is each and every sovereign state's inherent right to enact laws safeguarding national security, and it is also an international practice. With at least 21 pieces of laws safeguarding national security, the US has exposed its double standards by pointing the finger at the HKSAR's legal system and enforcement mechanism to safeguard national security."
"The Hong Kong National Security Law (NSL) and the Safeguarding National Security Ordinance (SNSO) also clearly stipulate that human rights shall be respected and protected in safeguarding national security in the HKSAR. The offences endangering national security stipulated by the related Ordinance target acts endangering national security with precision, and define the elements and penalties of the offences with clarity, aiming at addressing, combating, deterring and preventing acts and activities of endangering national security. It targets only an extremely small minority of people without affecting the basic rights and freedoms lawfully enjoyed by Hong Kong residents."
He said, "The US openly clamour for so-called 'sanctions' with an aim to intimidate HKSAR officials who resolutely safeguard national security. The HKSAR Government strongly condemns its political grandstanding rife with ill intentions, which have been seen through by all. The HKSAR despises the so-called 'sanctions' and will not be intimidated by such a despicable behaviour. The HKSAR will resolutely continue to discharge the duty of safeguarding national security."
The HKSAR Government has been enforcing the sanctions imposed by the United Nations Security Council (UNSC) fully and vigorously to fulfil our international obligations. We have long been maintaining an effective mechanism for implementing the resolutions of the UNSC. That includes denying entry of vessels designated by the UNSC as well as suspicious vessels, keeping a close watch on and inspecting suspicious Hong Kong-based companies to prevent them from participating in activities evading UNSC sanctions. At the same time, the HKSAR Government has been implementing a comprehensive and robust control regime over the import and export of strategic commodities and maintaining active participation in the Chemical Weapons Convention and the Arms Trade Treaty through the Central People's Government. The effectiveness of our work has been well respected and recognised by our trading partners and internationally.
The US has substantial economic interest in Hong Kong. Over the past decade, it registered a trade surplus of about US$270 billion with Hong Kong. Currently, some 1 390 US companies operate in Hong Kong. If the US insists on its acts, it will ultimately undermine the mutually beneficial relations between Hong Kong and the US, harming the interests of the US and its companies.
The spokesman reiterated that foreign governments and legislatures should not interfere in any form in the internal affairs of the HKSAR.
