1964-HKRS29-8-31_Part01 — Page 5

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(b) a prohibition order, that is to say, an order which prohibits the recurrence of the fire hazard; or

(c) a closing order, that is to say, an order which prohibits the use of any premises for human habitation or the storage (including storage in the course of use) of such kinds or categorics of goods, or such quantities thereof, specified in the order, as materially increase the likelihood of fire or other calamity or the danger to life or property that would result from the outbreak of fire or the occurrence of any other calamity: or

(d) a combination of such orders.

(6) A closing order shall only be made if it is proved to the satisfaction of the court that the cause of the fire hazard is the structural character of the premises concerned, or the location of such premises having regard to the nature of the area in which such premises are situated.

(7) An abatement order or a prohibition order shall, if the person in respect of whom the order is made so requires or if the court making the order considers it desir- able, specify the works to be executed by such person for the purpose of abating, or of preventing the recurrence of. the fire hazard to which the order relates.

(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 human habitation or the storage of goods of the kind or category or in the quantity specified in the order, as the case may be, may declare that it is so satisfied and revoke the closing order.

(9) (a) Any person who without reasonable excuse knowingly contravenes a fire hazard order shall be guilty of an offence and shall be liable to a fine of two thousand dollars and to a fine of fifty dollars for each day during which the offence continues. (b) Without prejudice to paragraph (2), where a fire hazard order has not been complied with the Director may, subject to paragraph (c) of sub- section (10), 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.

(Cap. 327).

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(10) Part VI 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, 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;

(b) in the case of a fire hazard order which is or includes a prohibition order or a closing order or requires structural works, if the appeal is dismissed or abandoned, then, notwithstanding paragraph (a), the appellant shall be liable to a fine of fifty dollars for each day, during which the order was not complied with, after the expiry of the time that would have been permitted for compliance with the requirements of the order if there had been no appeal against the order, until the day immediately preceding the day of the dismissal or abandonment of the appeal, unless he satisfies the court hearing the appeal in the case of an appeal which is dismissed, or the court before which proceedings are taken for the recovery of the fine in the case of an appeal which was abandoned, that there was substantial ground for the appeal and that the appeal was not brought merely for the purpose of delay; and in the case of an appeal which is dismissed, the fine (if any) imposed under this paragraph shall be imposed by the court hearing the appeal, and in the case of an appeal which was abandoned the maximum fine of fifty dollars for each day aforesaid shall, for the purpose of proceedings for the recovery thereof, be deemed to have been imposed by the court before which such proceedings are taken but so, however, that the court may reduce or cancel the amount of the fine if it sees fit:

(c) in the event of an appeal against a fine hazard order which requires the execution of structural work, no work, save as hereinafter mentioned. shall be done pursuant to paragraph (6) of sub- section (9) under the order until after the deter- mination or abandonment of the appeal: