Hong Kong Regulations

FIRE SERVICES (FIRE HAZARD ABATEMENT) REGULATION - SECT 11

Prohibition order

(1) Subject to subsection (2), a magistrate may, on a sworn information by the
Director, make a prohibition order in the form of Form 3 in Schedule 1 in
respect of any premises to which a fire hazard  abatement notice relates
prohibiting the use of the premises for the purposes specified in the order.

(2) A magistrate may not make a prohibition order unless the Director proves
to the satisfaction of the magistrate-

   (a)  that not less than 24 hours have elapsed since a notice in writing
        stating the intention of the Director to swear an information for the
        purpose of subsection (1) has been served either personally on or by
        registered post sent to the person on whom a
        fire hazard abatement notice was served;

   (b)  that the fire hazard to which the fire hazard abatement notice relates
        continues at the time when the Director swears the information;

   (c)  that the fire hazard-

        (i)    is a result of the structural character of the relevant
               premises; or

        (ii)   is a result of the location of the premises having regard to
               the nature of the area in which the premises are situated; and

   (d)  that the premises are being used for a purpose that may materially
        increase the likelihood of-

        (i)    fire or other calamity or danger to life or property resulting
               from the outbreak of fire; or

        (ii)   the occurrence of any other calamity in or on the premises.

(3) If a magistrate, on application, is satisfied that any premises in
relation to which a prohibition order is in force has been rendered suitable
for the use specified in the order, he may declare that fact and revoke the
order.