1964-HKRS29-8-31_Part01 — Page 4

Abatement

of firs hazards,

Sixth Schedate.

to any person any information obtained by him in the factory. workshop or workplace or premises used for business purposes with regard to any manufacturing process or trade secret, he shall, unless such disclosure was made in the performance of his duty. be guilty of an offence and shall be liable to a fine of two thousand dollars.

7B. (1) (4) The Director, if satisfied of the existence in

any premises of any fire hazard, may serve----

() upon the person by reason of whose act, default or sufferance the fire hazard arose or con- tinues: or

(ii) it such person is the servant or agent of some other person, upon such other person: or

(i) if such person or such other person, as the case may be, cannot readily be found or is absent from the Colony, upon the occupier or the owner of the premises in which such fire hazard exists. a notice in the form of Form 2 in the Sixth Schedule (in this section referred to as a fire hazard abatement notice) requiring him to abate the fire hazard within the period specified in the notice. and to do all such things as may be necessary for that purpose, and the votice may, if the Director thinks ft, specify any works to be executed for the purpose aforesaid:

Provided that where the fire buzard arose or continues from any want or defect of a structural character in any premises or such premises are unoccupied, the notice shall be served upon the owner thereof.

(b) The Director may also, by notice under paragraph (a) of this subsection or by a further fire hazard abalement notice, require the person on whom the notice is served to do what is necessary for pre- venting the recurrence of the fire hazard to which the notice relates and, if the Director thinks it desirable, specify any works to be executed for that purpose, and a notice containing such a require- meat may, notwithstanding that the fire hazard to which it relates may for the time being have been abated, be served if the Director considers that the fire hazard is likely to recur in the same premises.

Sixth Schedule.

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(2) Where the person by reason of whose act, default or sufferance a fire hazard arose or continues cannot be found and it is clear that the fire hazard neither arose nor continues by reason of any act, default or sufferance on the part of the occupier or owner of the premises on which it exists, the Director may abate the hazard and may do what is necessary to prevent a recurrence thereof.

(3) Where a fire hazard abatement notice is served on any person pursuant to subsection (1), then, if either-

(a) the fire hazard to which the notice relates arose by reason of the wilful act or default of that person;

OT

(6) that person fails to comply with any of the require- ments of the notice within the time specified therein.

he shall (whether or not an order under subsection (4) bas been made in respect of him) be guilty of an offence and shall be liable to a fine of one thousand dollars and, where the offence is the failure to comply with any of the require- ments of a notice within the time specified therein, to a fine of twenty dollars for each day during which the offence continues.

(4) Where a fire hazard abatement notice is served on any person, then if—

(a) that person fails to comply with any of the require- ments of the notice within the time specified therein; or

(b) the fire hazard, although abated since the service of the notice, is, in the opinion of the Director, likely to recur in the same premises,

the Director may make a complaint to a magistrate's court and the court hearing the complaint may make a summary order in the form of Form 3 in the Sixth Schedule (in this section referred to as a fire hazard order).

(5) A fire hazard order may be-

(a) an abatenent order, that is to say, an order which requires a person to comply with all or any of the requirements of a fire hazard abatement notice in connexion with which the order is made, or other- wise to abate the fire hazard or to do what may be necessary to prevent the recurrence of the fire bazard within the period specified in the order; or