Hong Kong Ordinances
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FIRE SAFETY (BUILDINGS) ORDINANCE - SECT 6
Magistrate may make fire safety compliance orders
(1) A magistrate who finds an owner or occupier of a composite building or an
owner of a domestic building guilty of an offence against section 5(8) may, on
the application of the relevant enforcement authority, make a
fire safety compliance order directing the owner or occupier to comply with
all or any of the requirements specified in the fire safety direction to which
the offence related.
(2) A fire safety compliance order must specify the period within which it is
to be complied with. That period must be a reasonable one that allows the
owner or occupier concerned sufficient time to comply with the requirements of
the order.
(3) A fire safety compliance order replaces the relevant fire
safety direction.
(4) A magistrate may, on the application of the relevant enforcement authority
or the applicable owner or occupier, revoke or vary a
fire safety compliance order made in respect of that owner or occupier.
(5) The applicable owner or occupier is entitled to be heard on the hearing of
an application made by an enforcement authority under this section.
(6) A fire safety compliance order ceases to have effect when revoked under
subsection (4) or when the relevant enforcement authority has, by written
notice, informed the magistrate’s clerk that the order has been complied
with. That authority is required to serve a copy of the notice on the
applicable owner or occupier.
(7) An application under this section may be made by both enforcement
authorities acting jointly.
(8) An owner or occupier who fails to comply with a fire safety
compliance order is guilty of an offence and is liable on conviction to a fine
at level 5 and to a further fine of $5000 for each day or part of a day during
which the failure continues after the expiry of the period specified in the
order.
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