1986 Ed.]
Fire Services
[CAP. 95
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(a) not less than 24 hours notice in writing served either personally or by registered post of intention to swear the information was given by the Director to the person upon whom a notice was served under subsection (1); and
(b) the fire hazard continues and the cause of the fire hazard is the structural character of the premises concerned or the location of the premises having regard to the nature of the area in which the premises are situate; and
(c) the premises are being used for a purpose which may materially increase the likelihood of fire or other calamity or danger to life or property resulting from the outbreak of fire or the occurrence of any other calamity in or on the premises,
the magistrate may make an order in Form 3A in the Fifth Schedule (in this section referred to as a "closing order”) prohibiting the use of the premises for the purpose specified therein. (Added 54 of 1986, s. 3)
(8) A magistrate's court if satisfied that any premises in respect of which a closing order is in force has been rendered suitable for the use specified in the order may declare that it is so satisfied and revoke the closing order. (Amended 56 of 1969, s. 3)
(9) (a) Any person who without reasonable excuse knowingly contravenes a fire hazard order or a closing order shall be guilty of an offence and shall be liable to a fine of $50,000 and to a fine of $5,000 for each day during which the offence continues. (Amended 25 of 1982, s. 3 and 54 of 1986, s. 3)
(b) Without prejudice to paragraph (a), where a fire hazard order has not been complied with the Director may, subject to subsection (10)(c), abate the fire hazard and may do whatever may be necessary in execution of the order, and may recover any expenses reasonably incurred thereby from the person against whom the order was made.
(10) Part VII of the Magistrates Ordinance shall apply in relation to proceedings in a magistrate's court under this section subject to the following provisions-
(a) in the event of an appeal against a fire hazard order or a closing order, the order shall be suspended pending the determination or abandonment of the appeal and, in the case of an order other than an order quashed in the appeal, the time for compliance with the requirements thereof shall not commence to run until the determination or abandonment of the appeal; (Amended 54 of 1986, s. 3)
Fifth Schedule.
(Cap. 227.)
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