Hong Kong Regulations

FIRE SERVICES (FIRE HAZARD ABATEMENT) REGULATION - SECT 10

Fire hazard order

PART 2

FIRE HAZARD ORDER AND PROHIBITION ORDER

(1) A magistrate may, at any time after a person is convicted of an offence
under section 9, either on application by the Director or on the magistrate's
own initiative, make a fire hazard order in the form of Form 2 in Schedule 1
in respect of that person.

(2) Notwithstanding subsection (1), whether or not a person on whom a
fire hazard abatement notice is served has been convicted of an offence under
section 9, a magistrate may, on application by the Director, make a
fire hazard order in respect of that person if the Director proves to the
satisfaction of the magistrate-

   (a)  that the person has failed to comply with a requirement of the notice
        within the period specified in the notice; or

   (b)  that the fire hazard, whether or not it has been abated since the
        service of the notice, has recurred, or is continuing.

(3) A fire hazard order may provide for any or any combination of the
following matters-

   (a)  require a person to comply with all or any of the requirements of a
        fire hazard abatement notice in relation to which the order is made,
        or otherwise to abate the relevant fire hazard within the period
        specified in the order;

   (b)  require a person to do what may be necessary to prevent the recurrence
        or continuance of the relevant fire hazard within the period specified
        in the order;

   (c)  prohibit a person from causing, permitting or suffering the relevant
        fire hazard to recur or continue. (L.N. 185 of 2003)

(4) If-

   (a)  the person in respect of whom a fire hazard order is made so requires;
        or

   (b)  the magistrate making the order considers it desirable, that order
        shall specify the works to be carried out by that person for the
        purpose of abating, or of preventing the recurrence or continuance of,
        the fire hazard to which the order relates. (L.N. 185 of 2003)

(5) A fire hazard order is in addition to any penalties imposed in respect of
an offence under section 9.