Hong Kong Ordinances

BEDSPACE APARTMENTS ORDINANCE - SECT 23

Closure in case of danger or default

(1) Where the Authority is of the opinion that-

   (a)  there is any danger or risk of any danger to life or property in or
        upon any premises used as a bedspace apartment; or

   (b)  a direction given in a notice served under section 21(1) has not been
        complied with in whole or in part within the period of time specified
        in the notice, and it is necessary for an order to be made under this
        section to enable the Authority to execute or cause to be executed any
        works required to give effect to such direction without danger to the
        occupiers of the bedspace apartment or of any neighbouring premises or
        building or to the public, the Authority may apply to the District
        Court for an order under subsection (3).

(2) Notice in writing of an application under subsection (1) shall be served
by the Authority on-

   (a)  the holder of the certificate of exemption in respect of the
        bedspace apartment or (as the case may be) the licensee thereof; and

   (b)  the owner of the premises used as the bedspace apartment, and a copy
        of such notice shall be posted in a conspicuous place in or upon the
        bedspace apartment on the date of service of such notice.

(3) Upon the application of the Authority under subsection (1) the District
Court may, on being satisfied-

   (a)  that the circumstance described in subsection (1)(a) or (b) exists;
        and

   (b)  that notice of the application has been served in accordance with
        subsection (2) and section 30(1), and after considering any
        representation of a person who has applied to be heard under
        section 30(3), if any, make an order directing that the
        bedspace apartment in question shall close and cease operation with
        effect from the date specified in the order until notice is served by
        the Authority under subsection (7).

(4) An order under subsection (3) shall-

   (a)  order the closure of the bedspace apartment under the direction and
        supervision of a police officer or a public officer authorized by the
        Authority in writing for the purposes of this section; and

   (b)  reproduce in English and Chinese section 30(5), so far as it applies
        to an order under subsection (3).

(5) A copy of an order under subsection (3) or, where the District Court
refuses to make an order under that subsection, a notice in writing in both
English and Chinese of such refusal-

   (a)  shall be posted by the Authority in a conspicuous place upon the
        premises used as the bedspace apartment; and

   (b)  shall be served on each of the persons mentioned in subsection

(2) (a) and (b).

(6) On or at any time after the date of closure specified in an order under
subsection (3) in respect of a bedspace apartment-

   (a)  the Authority may cause to be sealed all or any of the entrances to or
        exits from the bedspace apartment; and

   (b)  the Authority may execute or cause to be executed such works as may
        appear to him to be necessary to remove the danger or risk of danger
        mentioned in subsection (1)(a) or, as the case may be, to give effect
        to the direction mentioned in subsection (1)(b), and may employ
        contractors for such purpose, and the cost of such works shall be
        recoverable from the holder of the certificate of exemption in respect
        of the bedspace  apartment or (as the case may be) the licensee
        thereof.

(7) Where the Authority is satisfied that-

   (a)  the danger or risk of danger mentioned in subsection (1)(a) has been
        removed; or

   (b)  (as the case may be) the works required to give effect to the
        direction mentioned in subsection (1)(b) have been completed, the
        Authority shall serve on each of the persons mentioned in subsection

(2)(a) and (b) a notice in writing stating that the bedspace apartment may be
re-occupied as a bedspace apartment, and shall post a copy of such notice in a
conspicuous place upon the premises.

(8) Upon the service of a notice under subsection (7) the order under
subsection (3) shall cease to have effect.

(9) Any person being the holder of the certificate of exemption in respect of
a bedspace apartment or (as the case may be) the licensee thereof as at the
date on which an order under subsection (3) was made in respect thereof shall,
forthwith upon receipt of a notice under subsection

(7), cause copies of such notice to be served on all former occupiers of the
bedspace apartment who have notified him of their addresses. (Enacted 1994)