Hong Kong Regulations

FIRE SERVICES (FIRE HAZARD ABATEMENT) REGULATION - SECT 8

Recovery of expenses

(1) Subject to subsection (2), the expenses reasonably incurred by the
Director in carrying out works under section 4-

   (a)  shall constitute a civil debt due to the Government by the person on
        whom the relevant fire hazard abatement notice was served; and

   (b)  may be recovered by action in the District Court from that person.

(2) It shall be a defence for a person against whom an action is brought under
subsection (1) to satisfy the court that-

   (a)  the fire hazard to which the fire hazard abatement notice relates-

        (i)    did not constitute an immediate and substantial danger of fire
               in or on the relevant premises; and

        (ii)   was not likely, if fire had broken out in or on the premises,
               to increase substantially the normal risk to life which occurs
               in the event of a fire; or

   (b)  the fire hazard was due to the wilful act, default or sufferance of a
        person other than the person on whom the fire hazard  abatement notice
        was served.

(3) Nothing in this section shall be construed as affecting any right that the
person on whom a fire hazard abatement notice has been served may have to a
contribution, indemnity or damages from any other person.