A338
Ord. No. 54/86
(3)
Removal of obstruction
or lock.
Fifth Schedule.
Interpretation
in sections 9B
and 90.
FIRE SERVICES (AMENDMENT) (NO. 3)
Any person who is guilty of an offence under subsection (1) or (2) shall be liable—
(a) on first conviction to a fine of $25,000;
(b) on second or subsequent conviction, to a fine of $50,000 and
imprisonment for year; and
(c) in any case to a fine of $5,000 for each day during which the
offence continues.
(4) In any proceedings under subsection (3), a document pur- porting to be a certificate signed by the Director stating that the person named in the certificate was on a date specified in the certificate convicted of an offence contrary to subsection (3) shall be admitted in evidence on its production without further proof, and until the contrary is proved it shall be presumed that-
(a) the person who signed the certificate was the Director; and (b) the person named in the certificate was on the date specified
therein convicted of an offence contrary to subsection (3).
9C. (1) Where at any time any person is convicted of an offence under section 9B, the court may of its own motion or upon the application of the Director, make an order in respect of that person in Form 4 in the Fifth Schedule (in this section referred to as a "removal order").
(2) A removal order shall be in addition to any penalty imposed in respect of an offence under section 9B.
(3) A removal order shall require the person in respect of whom it is made within the time specified in the order-
(a) where that person is convicted of an offence under sec- tion 9B(1), to remove the matter or thing to which that offence relates; or
(b) where that person is convicted of an offence under sec- tion 9B(2), to remove the lock or other device to which that offence relates.
(4) If the person in respect of whom a removal order is made fails to comply with any requirement thereof, within the time specified therein-
(a) such person shall be guilty of an offence and shall be liable on conviction to a fine of $50,000 and to a fine of $5,000 for cach day during which the offence continues; and
(b) the Director may execute, or cause to be executed any work necessary to give effect to the requirements of the removal order and may recover in the District Court any expenses incurred thereby from such person as a debt due to the Crown.
9D. In sections 9B and 9C-
"matter or thing" in relation to any premises, means any matter or thing not being an installation, fitting or fixture required by the use or intended use of the premises; and
"means of escape" in relation to any premises, means such means of escape in case of emergency as may be required for the safety of persons having regard to the use or intended use of the premises.".
5.
FIRE SERVICES (AMENDMENT) (NO. 3)
The Fifth Schedule to the principal Ordinance is amended- (a) by deleting Form 2 and substituting the following—
TO
"FORM 2
FIRE SERVICES ORDINANCE
(Section 9(1)(a))
Fire Hazard Abatement Notice
Ord. No. 54/86
[s. 9(1)(a).]
(name and address of person by reason of whose own or whose servant's or agent's act, default or sufferance the fire hazard arose or continues, or owner, tenant, occupier or person in charge of the premises at which the fire hazard exists, as the case may be).
1. TAKE NOTICE that under section 9 of the Fire Services Ordinance the Director of Fire Services, being satisfied of the existence at
(premises where fire hazard exists) of a
fire hazard being
(describe the fire hazard) does hereby require you within (specify the time) from the service of this notice, to abate the fire hazard and for that purpose to
(specify works to be executed).
2. If you make default in complying with the requirements of this notice you are liable to prosecution for an offence under section 9(3) of the Fire Services Ordinance. Upon conviction, a court may impose a maximum fine of $25,000 and $2,500 for each day during which the offence continues. Application may also be made for an order against you requiring the abatement of the fire hazard or pro- hibiting its recurrence or both and for recovering the costs which may be incurred thereby.
Dated this
(b) in Form 3-
19......
day of
(Signed)
Director of Fire Services.";
(i) by deleting "or occupier" wherever it occurs and substituting in each case the following-
tenant, occupier or person in charge";
(ii) by deleting- "Closing Order.
Now on proof here had before me/us that the fire hazard is such as to render the premises
(describe the same) situate at
(insert such description of the situation as may be sufficient to identify the premises) unfit in my/our judgment for such use as is specified hereunder. I we in pursuance of section 9(4) of the Fire Services Ordinance, do hereby prohibit the use of the said premises for such use as follows, that is to say,
"; and
A339
Amendment of Fifth Schedule.