THE HONGKONG GOVERNMENT GAZETTE, 21st DECEMBER, 1895.
No. 29 of 1895.
An Ordinance enacted by the Governor of Hong- kong, with the advice and consent of the Legislative Council thereof, to authorize in certain cases judicial investigations into the causes of fire.
Title.
1283
ဟု
LS
WILLIAM ROBINSON,
Governor.
[18th December, 1895.]
the Governor of Hongkong, with the
BE it enacted by the Gof the Legislative Council thereof,
as follows:-
1. Ordinance No. 23 of 1888 is hereby repealed.
2. Whenever a fire shall have taken place on any premises, or shall have been attempted, the Captain Superintendent of Police shall as soon as possible take possession of such premises and of any other premises where the fire is supposed to have originated, to the exclusion, if he shall deem it necessary, of the owners and all others; and he shall make or caused to be made, personally, or by some officer of not lower grade than an Inspector of Police, a full and minute inspection of such premises and shall forthwith make a written report in detail to a Magistrate of the state of the said premises and of the contents, if any, thereof, furnishing also all such information touching the origin and circum- stances of the fire as he may be able to obtain.
3. Upon the receipt of such report the Magistrate, unless upon a consideration of the facts stated therein he is of opinion that such enquiry is unnecessary, shall proceed to investigate the causes of the fire and shall, with as little delay as practicable, take the depositions upon oath of all persons likely to know the facts and circumstances and of all other persons who in his opinion may be able to furnish informa- tion in respect thereof.
4. It shall be lawful for any Inspector of Police, or for any interested person, with the leave of the Magistrate, to examine at such investigation personally or by Counsel or Solicitor the witnesses and to cause such persons to be examined as may give due and proper information touching such case of fire.
5. If, in the opinion of the Magistrate, the investigation does not disclose any offence or, although it discloses an offence, does not show any reasonable cause for suspecting any particular person or persons of having committed such offence, the Magistrate shall close the enquiry and order the release of the premises, provided that such closure and release shall be no bar to any information or proceedings against any person or persons for an offence against the law.
6. If in the opinion of the Magistrate the fire is the result of crime, and there is reasonable cause to suspect and he shall suspect any person or persons of having committed an offence against the law, he shall have power to commit such persou or persons to prison to answer any charge that may be brought against him or them in the Police Court or, in his discretion, to require him or them to give security to his satisfaction to appear and surrender to answer any such charge, and, upon such charge, the Magistrate may take the evidence as in other cases.
7. For the purpose of this ordinance, and in relation to all investigations held thereunder and for the summoning of witnesses and for all proceedings in connection with such investigations, the Magistrate shall have all the powers possessed by a Magistrate in relation to cases of indictable offences, and the Captain Superintendent of Police shall render to him all proper and necessary assistance.
Repeal.
In cases of fire Captain Superintend- ent of Police to take possession of premises and report.
Investigation by Magistrate.
Examination of witnesses.
Closure of enquiry and release of premises.
Committal of suspected person to answer
charge.
Power Lo
summon
witnesses, &c.