Hong Kong Regulations

FIRE SERVICES (FIRE HAZARD ABATEMENT) REGULATION - SECT 35

Application for suspension order

(1) If a closure order has been made in respect of any premises, a person who
is a mortgagee or chargee of the premises or who would, if the premises were
not closed-

   (a)  be entitled or permitted to occupy or possess the premises; or

   (b)  be the immediate landlord of the occupier of the premises, may apply
        in writing to a magistrate for the closure order to be suspended.

(2) An application made under this section-

   (a)  shall state the name and address of the person who is proposed to be
        the occupier of the premises, during the suspension of the closure 
        order;

   (b)  shall state the business or occupation of such person, during the
        suspension of the closure order;

   (c)  shall state the purpose for which it is proposed the premises be used,
        during the suspension of the closure order; and

   (d)  if the proposed occupier 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).

(3) 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.

(4) 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
make an order suspending the closure order for a period of at least 2 years
but not exceeding 3 years if the magistrate is satisfied that the proposed use
of the premises is unlikely to pose an undue risk of fire.

(5) The magistrate making a suspension order under subsection (4)-

   (a)  shall attach a condition to the order to the effect that the premises
        are, during the suspension, to be used only for the purpose proposed
        and, when occupied, to be occupied by the person proposed; and

   (b)  may attach any other conditions to the order as the magistrate thinks
        fit, including a condition that a person gives security, in such a
        manner and such amount as may be specified, that will be forfeited as
        a result of a breach of the condition referred to in paragraph (a).

(6) The magistrate may enforce payment of any sum of money that is forfeited
as a result of a breach of any condition attached to a suspension order in the
same manner as if it were a judgment debt and any money recovered shall be
paid into the general revenue.

(7) If a closure order is suspended and is not revived under section 36, the
order shall cease to have effect at the end of the period for which it was
suspended.

(8) The magistrate making a suspension order shall, as soon as reasonably
practicable, cause a copy of the order signed by the magistrate to be sent to
the Director.

(9) On receipt of the copy of the order under subsection (8), the Director
shall, as soon as reasonably practicable, cause it to be registered in the
Land Registry.

(10) A person-

   (a)  referred to in subsection (1)(a) or (b); or

   (b)  liable to be penalized in the event of a breach of a condition
        attached to the suspension order under subsection (5), may apply in
        writing to a magistrate for a variation of any condition attached to
        the order.

(11) An application made under subsection (10) shall, as far as is
practicable, be made to the magistrate who made the suspension order.