Hong Kong Regulations

FIRE SERVICES (FIRE HAZARD ABATEMENT) REGULATION - SECT 33

Application for rescission of closure order

(1) If a closure order has been made in respect of any premises, a person to
whom this section applies may apply in writing to a magistrate for the
closure order to be rescinded.

(2) This section applies to a person who became a bona fide purchaser,
mortgagee or chargee for valuable consideration of an interest in the
premises-

   (a)  after another person had been convicted of an offence or had been
        charged with an offence for which that other person was subsequently
        convicted, and that conviction being the conviction on which the
        closure  order was based; and

   (b)  before a notice relating to that conviction or charge was registered
        in accordance with section 23.

(3) An application made under this section-

   (a)  shall state the name and address of the applicant;

   (b)  shall state the business or occupation of the applicant; and

   (c)  if the applicant is an individual, shall be accompanied by a copy of a
        document which is proof of his identity for the purposes of
        section 17B(1) of the Immigration Ordinance ( Cap 115).

(4) On receipt of an application made under this section, the magistrate
shall-

   (a)  appoint a date for the hearing of the application;

   (b)  cause a copy of the application and of the accompanying document of
        identity to be sent to the Director; and

   (c)  inform the Director of the date of the hearing.

(5) After hearing an application made by the applicant under this section and
any representations made by or on behalf of the Director, the magistrate may
rescind the closure order-

   (a)  if satisfied that, at the time the applicant became a bona fide
        purchaser, mortgagee or chargee for valuable consideration of an
        interest in the premises, the applicant did not know of the conviction
        or charge

(as the case may be) in relation to which a notice had not been registered in
accordance with section 23; and

   (b)  if satisfied that, having regard to all the circumstances of the case,
        it would be unjust for the applicant to be affected by the
        closure order.

(6) The magistrate who rescinds a closure order under subsection

(5) shall, as soon as reasonably practicable, cause a notice in writing signed
by the magistrate stating that fact to be sent to the Director.

(7) On receipt of the notice under subsection (6), the Director shall, as soon
as reasonably practicable, cause it to be registered in the Land Registry.