1969-HKRS28-8-36_Part04 — Page 1

Amendment of

3.

section 9.

Section 9 of the principal Ordinance is amended-

(a) in subsection (1)—–

() by deleting from paragraph (a) the colon and proviso at the end thereof and substituting a full stop; and

(i) by inserting after paragraph (b) the following- "Xe) Any notice served under this section may be

served by registered post.":

(b) by inserting after subsection (3) the following new sub-

sections

"(A) Where a fire hazard abatement notice has been served upon any person pursuant to subsection (1), if

(a) the person on whom the notice has been served fails to comply with any of the requirements of the notice within the time specified therein; and

(b) the Director is satisfied that the fire hazard

to which the notice relates—

(1) constitutes an immediate and sub- stantial danger of fire in the premises; or

(ii) is likely, if fire breaks out in the premises, to increase substantially the not- mal risk to life which occurs in the event of a fire,

the Director may cause to be carried out in the premises such work as appears to him to be neces sary to abate the fire hazard and to prevent a recurrence thereof.

(3B) Notwithstanding section 6, the Director may authorize the Deputy Director or any Chief Fire Officer to exercise the powers and duties con- ferred on him by subsection (3A) but he shall not be empowered to authorize any other person to exercise any of those powers or duties.";

(c) by deleting paragraph (c) of subsection (5) and sub-

stituting the following-

"(c) a closing order, that is to say, an order which prohibits such use of any premises as is specified in the order which use may materially increase

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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; or"; and

(d) in subsection (8), by deleting "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," and sub- stituting the following-

"the use specified in the order".

4. The principal Ordinance is amended by adding after section 9 the following new section--

"Recovery of expenses

incurred in carrying out work under section

9A. (1) The expenses incurred by the Director in carrying out work under subsection (3A) of section 9 shall be a debt due to the Crown and, subject to sub- section (2) of this section, shall be recoverable in the District Court from the person upon whom the fire hazard abatement notice was served.

(2) It shall be a defence for any person against whom an action is brought under subsection (1) to satisfy the court that—-

(a) the fire hazard to which the fire hazard

abatement notice relates-

(1) did not constitute an immediate and substantial danger of fire in the premises in which the fire hazard was found; and

(ü) was not likely, if fire had broken out in the premises, to increase substantially the normal risk to life which occurs in the event of a fire; or

(b) the fire hazard was due to the act or omis- sion of some person other than the person upon whom the fire hazard abatement notice was scrved.

(3) Nothing in this section shall be construed as affecting any right which the person upon whom a fire hazard abatement notice has been served may have to a contribution, indemnity or damages from any other person.".

Addition of section 9A.