Hong Kong Ordinances

FIRE SAFETY (BUILDINGS) ORDINANCE - SECT 8

Effect of prohibition order

(1) While a prohibition order is in force-

   (a)  (i) save with the permission in writing of the relevant
        enforcement authority, no person, other than an authorized officer in
        the course of his duty, shall occupy the relevant building or part of
        a building;

        (ii)   where he thinks fit, the relevant enforcement authority may,
               subject to such conditions as he thinks fit, by notice in
               writing permit any person to occupy the relevant building or
               part of a building for the purpose of implementing measures
               necessary for the discharge or revocation of the
               prohibition order; or

        (iii)  any permission granted under subparagraph (ii) may be cancelled
               by the relevant enforcement authority at any time and for any
               reason; and

   (b)  the applicable owner and, if the owner is not the occupier, the
        occupier must take all practicable steps to ensure that the relevant
        building or part of a building is effectively secured against entry by
        any person other than an authorized officer or a person having a
        permission under paragraph (a)(ii).

(2) A prohibition order takes effect-

   (a)  28 days after the date on which it is served on the owner or occupier;
        or

   (b)  if that owner or occupier appeals against the order, when the appeal
        is finally rejected or is withdrawn.

(3) Despite subsection (2), the District Court may, if of the opinion that in
the particular circumstances it is appropriate to do so, direct a
prohibition order to come into force from the date on which the order is
served on the owner or occupier or from a later date that is before the end of
the 28-day period referred to in subsection (2)(a).

(4) A prohibition order remains in force until it is discharged under
section 12(5), is revoked under section 13 or the building or part of a
building ceases to exist, whichever first occurs.

(5) In subsection (2)(b), a reference to an appeal includes a reference to an
appeal from a decision determining the appeal.