Application for Permit to Remove/ Exhume Remains
Applicant should complete“Application for Permit to Remove / Exhume Remains (FEHB 148)” and make application in person in our Cemeteries and Crematoria office in at Hung Hom or Happy Valley
In case of removal/ exhumation of human remains in private cemeteries, the applicants have to produce documents to prove that such permissions have been obtained from the management of the cemetery concerned.
In dealing with applications for removal / exhumation in public cemeteries, the applicants should produce documentary proof to show that they are the legal personal representatives or the next of kins of the persons whose remains are to be exhumed, or the duly authorised agents of such legal personal representatives or next of kins. The term "next of kin" means the "closest living relative", generally refers to the closeness in descending order, including the living spouse, adult son / daughter, parent, adult sibling, parent-in-law, son/daughter-in-law, or a direct descendant from the paternal or maternal family. Except for the aforesaid persons, applications from those other persons who prove to have a proper interest in the removal / exhumation of the human remains may be considered. Applicants have to give their reasons for making such applications with supporting documents and make statutory declarations that he/she will be responsible for any liabilities or related matters arising from the exhumation of the human remains.
If documentary proof to show the relationship of the applicant with the deceased person is not available, other supporting document(s) (e.g. photos / birth certificate / residential record / family pedigree / any other document) to directly or indirectly prove the relationship of the applicant with the deceased person. If applicant could not provide the documentary proof of relationship with the deceased, he/she shall make a declaration in the above office to confirm the relationship with the deceased and explain why the document could not be presented. In no circumstances, the applicant shall make statutory declarations that all the information provided are true and correct, and he/she will be responsible for any liabilities or related matters arising from the exhumation of the human remains. Should the application be accepted after considering all reasons as well as the related supporting documents, the permit for removal / exhumation will be issued within 14 working days.
If the applicant is not the person who originally obtained approval for burying the human remains (original applicant), written consent from the original applicant shall be obtained for the exhumation and the Department will contact the original applicant for confirmation. If no written consent from original applicant, the Department will contact he/she by all practical means such as by letter to the last known address and by telephone. If no reply is received, a notice will be posted on the grave concerned once during each of the forthcoming Ching Ming and Chung Yeung Festivals (unless the original applicant contact our staff within the period), requesting the original applicant to contact the Department within one month from the date of the respective festival to express his/her view on the application. Should the original applicant object to the application, he/she should be requested to give his/her reasons of objection in writing and the applicant should be advised to settle the dispute with the original applicant. The application will be withheld.
If the original applicants do not reply within the specified period, the Department will consider the applications after obtaining the reasons for the application and the relationship between the applicants and the interred, and inform the applicants the result of applications within 14 working days.
When the applicants fail to in locate the original applicants, they should state their reasons for failing to do so with documentary proof of their genuine effort to locate the original applicants (e.g. publications in newspapers, etc).