HKLII Hong Kong Regulations

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FIRE SERVICES (FIRE HAZARD ABATEMENT) REGULATION - SECT 27

Closure order

(1) This section applies to offences under section 19 and 20. An offence to
which this section applies is referred to in this section as a

"relevant offence".

(2) A magistrate may, either on application by the Director or on the
magistrate's own initiative, make a closure order in respect of any premises
in relation to which a person is convicted of any relevant  offence if the
magistrate is satisfied-

   (a)  that the relevant offence was committed within a period beginning 4
        months after and ending 16 months after an immediately preceding
        conviction of either the same person or otherwise for any
        relevant offence in respect of the same premises (whether or not a
        closure  order was made in respect of the preceding conviction); and

   (b)  that the notices under section 24 in respect of the immediately
        preceding conviction have been affixed and published in accordance
        with that section.

(3) The magistrate making the closure order-

   (a)  shall have the same power to sentence or otherwise deal with the
        convicted person as if a closure order were not being made; and

   (b)  shall leave the closure order out of account in determining the
        appropriate sentence or other manner of dealing with the convicted
        person.



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