Hong Kong Ordinances

BEDSPACE APARTMENTS ORDINANCE - SECT 30

Procedure governing closure order

PART VIII

MISCELLANEOUS

(1) A notice under section 7(2) or 23(2) shall-

   (a)  subject to subsection (2), be served by the Authority at least 7 days
        before the day of hearing of the application the subject of the
        notice;

   (b)  be in both English and Chinese;

   (c)  state the time and place set for the hearing of the application and
        advise that any person affected by the application may apply under
        subsection (3) to be heard at the hearing; and

   (d)  specify the premises used as the bedspace apartment which it is sought
        to close.

(2) Where the Authority is of the opinion that there is any imminent danger to
life or property, the Authority may give such notice under section 7(2) or, as
the case may be, section 23(2) as is practicable in the circumstances.

(3) Subject to subsection (4), any person affected by an application mentioned
in subsection (1)(a) may apply to be heard by filing an application in the
District Court not later than 1 working day before the day of hearing of the
application mentioned in subsection (1)(a) and shall serve a copy of his
application on the Authority not later than 1 working day before the day of
the hearing.

(4) Where notice under section 7(2) or 23(2) has been served by the Authority
pursuant to subsection (2), an application under subsection (3) may be filed
and a copy thereof served as early as practicable before the hearing of the
application the subject of the notice.

(5) On or after the date specified in an order under section 7(3) or 23(3),
and until notice is served by the Authority (in the case of an order under
section 7(3)) under section 7(6) or (in the case of an order under
section 23(3)) section 23(7), no person other than-

   (a)  a police officer in the course of his duty; or

   (b)  a public officer authorized by the Authority under section  7 (4)(a)
        or, as the case may be, section 23(4)(a); or

   (c)  in the case of an order under section 23(3), a contractor employed by
        the Authority under section 23(6)(b) and his agents and employees,
        shall enter or be in the bedspace apartment the subject of the order,
        and any police officer or any public officer authorized by the
        Authority under section 7(4)(a) or, as the case may be,
        section 23(4)(a) may, with such assistance as may be necessary, remove
        from the bedspace apartment any person found therein in contravention
        of this subsection.

(6) Notwithstanding subsection (5), the Authority may, where he thinks fit, in
writing permit any person to enter and be in a bedspace  apartment while an
order under section 7(3) or 23(3) is in force in respect of a
bedspace apartment.

(7) Any permission under subsection (6) may be granted for such period and
subject to such conditions as the Authority thinks fit, and the Authority may
at any time revoke any such permission. (Enacted 1994)