Hong Kong Ordinances

FIRE SAFETY (BUILDINGS) ORDINANCE - SECT 12

Owner or occupier of building may request certificate of compliance

(1) At any time while a prohibition order is in force in respect of a building
or part of a building, the owner or occupier concerned may, by notice in
writing served on the relevant enforcement authority, request that authority
to issue a certificate that the requirements of the fire  safety direction or
fire safety compliance order, as the case may be, that gave rise to the making
of the order have been complied with.

(2) As soon as practicable after receiving a request under subsection (1), the
relevant enforcement authority must, if it is satisfied that the requirements
of the fire safety direction or fire  safety compliance order, as the case may
be, have been complied with, issue to the owner or occupier a certificate of
compliance. If that authority is not so satisfied, it must reject the request.

(3) The relevant enforcement authority may also issue a certificate of
compliance to an owner or occupier in respect of a building or part of a
building for which a prohibition order is in force without a request under
subsection (1) if at any time it is satisfied that the requirements of the
fire safety direction or fire safety compliance order, as the case may be,
that gave rise to the making of the order have been complied with.

(4) As soon as practicable after issuing a certificate of compliance, the
relevant enforcement authority must make an application to the District Court
for the discharge of the relevant order. The application must be accompanied
by a copy of the certificate of compliance.

(5) On considering an application made under subsection (4), the District
Court must discharge the relevant order unless it is of the opinion that there
are special grounds for not doing so.

(6) As soon as practicable after rejecting a request made under subsection
(1), the relevant enforcement authority must, by written notice, inform the
owner or occupier concerned of the rejection and the reasons for it.