Hong Kong Ordinances

FIRE SAFETY (BUILDINGS) ORDINANCE - SECT 7

District Court may make orders prohibiting occupation of a building or part of a building

(1) An enforcement authority may apply to the District Court for an order
under this section on the ground that a requirement of a fire safety 
direction or a fire safety compliance order is not being, or has not been,
complied with.

(2) An application under this section may be made at any time after the period
for complying with the relevant fire safety direction or the relevant
fire safety compliance order has expired and not before.

(3) An application under this section may be made by both enforcement
authorities acting jointly.

(4) An enforcement authority must give at least 7 days' notice to the
applicable owner or occupier before making an application under this section.

(5) As soon as practicable after a notice is given under subsection

(4), the relevant enforcement authority must post a copy of such notice in a
conspicuous place-

   (a)  inside the relevant building or part of a building; or

   (b)  at or in the immediate vicinity of each entrance to the relevant
        building or part of a building.

(6) The procedure for hearing and determining an application under this
section is to be in accordance with rules of court made under the
District Court Ordinance ( Cap 336).

(7) On the hearing of an application under this section, the District Court
may make an order prohibiting the occupation of the relevant building or part
of a building, but only if it is satisfied that-

   (a)  the owner or occupier has failed to comply with a requirement
        specified in a fire safety direction or a
        fire safety compliance order;

   (b)  it is reasonable to expect the owner or occupier to comply with the
        requirement;

   (c)  the time allowed for complying with the requirement is reasonable;

   (d)  it is reasonable and necessary in the circumstances to make the order;
        and

   (e)  there could be substantial fire risks if the relevant building or part
        of a building is occupied.