TNAG-1549-FCO40-2113-Fire-services-in-Hong-Kong-1987 — Page 35

C376

FIRE SERVICES (AMENDMENT) (NO. 3) BILL

(3AB) A fire hazard order shall be in addition to any penalty imposed in respect of an offence under subsection (3).";

(f) by deleting subsection (3A) and substituting the following—

*(3A) Where a fire hazard abatement notice is served on any person under subsection (1) and-

(a) that person—

(i) fails to abate the fire hazard within the time specified in the notice; or

(ii) causes, permits or suffers the fire hazard to recur at any time within a period of 12 months after the date of service of the notice; and

(b) the Director is satisfied that the fire hazard to which the notice

relates-

(i) constitutes an immediate and substantial danger of fire in or on the premises; or

(ii) is likely, if fire breaks out in or on the premises, to increase substantially the normal risk to life which occurs in the event of a fire.

the Director may cause to be carried out in or on the premises such work as appears to him to be necessary to abate the fire hazard and to prevent a recurrence thereof.";

(g) by deleting subsection (4) and substituting the following-

Fifth Schedule.

"(4) Where a fire hazard abatement notice is served on any person under subsection (1) and----

(a) whether or not that person has been convicted of an offence under subsection (3) he fails to comply with any of the requirements of the notice within the time specified therein; or

(b) the fire hazard, whether or not abated since the service of the notice, recurs, or is in the opinion of the Director likely to

recur.

the Director may make a complaint to a magistrate's court and the magistrate hearing the complaint may make a fire hazard order in Form 3 in the Fifth Schedule.";

(h) by inserting after subsection (4) the following--

"(4A) Where any person upon whom a fire hazard abatement notice is served under subsection (1) causes, permits or suffers the fire hazard to recur at any time within a period of 12 months after the date of service of the notice, he shall be guilty of an offence and shall be liable on conviction to a fine of $25,000 and to a fine of $2,500 for each day during which the offence continues.":

(i) in subsection (5), by deleting paragraph (c):

(j) by deleting subsection (6);

(k) by inserting after subsection (7) the following--

"(7A) Where a fire hazard abatement notice is served on any person under subsection (1) and it is proved to the satisfaction of a magistrate's court on the sworn information of the Director that----

(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

Fifth Schedule.

FIRE SERVICES (AMENDMENT) (NO. 3) BILL

(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 arca 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.";

(1) in subsection (9)(a), by inserting after "order" the following—

"or a closing order";

(m) in subsection (10)—

(i) in paragraph (a), by inserting after “fire hazard order“ the following—

"or a closing order";

(ii) in paragraph (b)-

(A) by deleting "a closing order or requires structural works" and

substituting the following—

"requires structural works or a closing order”; and

(B) by deleting "$100" in both places where it occurs and substituting

the following-

“$5,000",

C377

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

"Obstruction and locking of means of escape.

9B. (1) Any person-

(a) who sets out or leaves or causes to be set out or left; or

(b) who being the owner, tenant, occupier or person in charge of any premises permits or suffers to be set out or left.

any matter or thing which obstructs or may obstruct the means of escape in any premises shall be guilty of an offence.

(2) Any person—

(a) who secures or causes to be secured; or

(b) who being the owner, tenant, occupier or person in charge

of any premises permits or suffers to be secured.

the means of escape in any premises by any lock or other device which in the event of fire or other calamity—

(i) cannot readily and conveniently be opened from within the

premises without the use of a key; or

(ii) might render escape materially more difficult,

shall be guilty of an offence.

(3) Any person who is guilty of an offence under subsection (1)

or (2) shall be liable-

(a) on first conviction to a fine of $25,000;

(b) on second or subsequent conviction, to a fine of $50,000 and

imprisonment for 1 year; and

sections 9B. 9C and 9D.