Hong Kong Regulations

FIRE SERVICES (FIRE HAZARD ABATEMENT) REGULATION - SECT 13

Appeal against fire hazard orders or prohibition orders

(1) Subject to the following provisions, Part VII of the Magistrates Ordinance
( Cap 227) applies in relation to proceedings in a magistrate's court under
this section.

(2) In the event of an appeal against a fire hazard order or a
prohibition order, the order shall be suspended pending the determination or
abandonment of the appeal.

(3) If the order in subsection (2) has not been quashed in the appeal, the
period for compliance with the requirements of the order shall commence to run
on the determination or abandonment of the appeal.

(4) Subject to subsection (5), if an appeal-

   (a)  against a fire hazard order that provides for the matter under
        section 10(3)(c) (whether or not it also provides for other matters);

   (b)  against a fire hazard order that requires the carrying out of
        structural works; or

   (c)  against a prohibition order, is dismissed or abandoned, then
        notwithstanding subsections (2) and (3), the appellant shall be liable
        to a further fine of $20000 for each day during the period when the
        order was not complied with.

(5) The daily fine referred to in subsection (4) shall not be payable if the
appellant-

   (a)  in the case of an appeal that is dismissed, satisfies the court
        hearing the appeal; or

   (b)  in the case of an appeal that is abandoned, satisfies the court before
        which proceedings are taken for the recovery of the fine, that there
        was substantial ground for the appeal and that the appeal was not
        brought merely for the purpose of delay.

(6) The period in respect of which a daily fine is payable under subsection
(4) commences to run on the expiry of the period that would have been
permitted for the compliance with the requirements of an order referred to in
that subsection if there had been no appeal against the order, until the day
immediately preceding the day of the dismissal or abandonment of the appeal.

(7) In the case of an appeal that is dismissed, the daily fine (if any)
imposed under subsection (4) shall be imposed by the court hearing the appeal.

(8) In the case of an appeal that is abandoned, the daily fine (if any) shall,
for the purpose of proceedings for the recovery of the fine, be taken to have
been imposed by the court before which the proceedings are taken, but the
court may reduce or cancel the amount of the fine if it thinks fit.

(9) Subject to subsection (10), in the event of an appeal against a
fire hazard order that requires the carrying out of structural works, no works
shall be done under section 12(2) or under the order until after the
determination or abandonment of the appeal.

(10) If the magistrate by whom a fire hazard order that requires the carrying
out of structural works was made is of the opinion that the nature of the
relevant fire hazard is such as to require immediate abatement, the magistrate
may, notwithstanding that an appeal in respect of the order is pending,
authorize the Director to abate the fire hazard immediately.

(11) If the Director abates the fire hazard under subsection (10), then-

   (a)  if the appeal is allowed, the Director shall pay to the person in
        respect of whom the fire hazard order was made the amount of any
        damage sustained by the person by reason of the abatement of the fire
        hazard by the Director;

   (b)  if the appeal is dismissed or abandoned, the Director may recover from
        the person any expenses reasonably incurred in abating the fire hazard
        as a civil debt due to the Government by action in the District Court.