Hong Kong Regulations

FIRE SERVICES (FIRE HAZARD ABATEMENT) REGULATION - SECT 36

Revival of closure order

(1) If a closure order has been suspended under section 35, a scheduled member
not below the rank of Assistant Divisional Officer may apply in writing to the
magistrate making the suspension order for the closure order to be revived on
the basis that there is a breach of a condition attached to the suspension
order.

(2) On receipt of an application made under subsection (1), the magistrate
shall-

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

   (b)  issue a summons to the occupier of the premises, the immediate
        landlord of the occupier, and any person liable to be penalized in the
        event of a breach of a condition attached to the suspension order,
        requiring them to appear before the magistrate on the hearing of the
        application.

(3) An application made under this section is, for the purposes of section 8
of the Magistrates Ordinance ( Cap 227), a complaint, and-

   (a)  if the place of abode of the immediate landlord of the occupier of the
        premises is not known, a summons to the immediate landlord may be
        served by leaving it with any person at the premises; and

   (b)  if the identity of the immediate landlord is not known, a summons may
        be issued to the immediate landlord by reference to that status,
        without naming the immediate landlord.

(4) After hearing of an application made under subsection (1), the magistrate
may, if satisfied that a condition attached to the suspension order has been
breached, take any or all of the following action-

   (a)  make an order reviving the closure order;

   (b)  make such modifications to the closure order as considered necessary
        by the magistrate.

(5) The magistrate making an order under subsection (4) shall, as soon as
reasonably practicable, cause a copy of the order signed by the magistrate to
be sent to the Director.

(6) On receipt of the copy of the order under subsection (5), the Director
shall, as soon as reasonably practicable, cause it to be registered in the
Land Registry.

(7) If the magistrate makes an order under subsection (4), the period during
which the closure order was suspended shall not count as part of the period
for which the closure order is in force.