1964_FIRE_SERVICES_ORDINANCE — Page 14

HK Historical Laws 香港歷史法例 All AI Reviewed

1986 Ed.]

Fire Services

[CAP. 95

13

(b) The money arising from the sale of any property under this subsection may be retained by the Director and applied in payment of the expenses incurred by him in connexion with the abatement of the fire hazard and the surplus, if any, shall be paid-

(i) to the owner of such property if he applies therefor within 12 months of the date of sale; or

(ii) into the general revenue of the Colony if, or to the extent to which, the surplus is not disposed of under sub-paragraph (i).

(Added, I of 1964, s. 4. Amended, 29 of 1975, s. 7)

9A. (1) The expenses incurred by the Director in carrying out work under section 9(3A) shall be a debt due to the Crown and, subject to subsection (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-

(i) did not constitute an immediate and substantial danger of fire in or on the premises where the fire hazard was found; and

(ii) was not likely, if fire had broken out in or on the premises, to increase substantially the normal risk to life which occurs in the event of a fire; or (Amended, 29 of 1975, s. 8)

(b) the fire hazard was due to the act or omission of some person other than the person upon whom the fire hazard abatement notice was served.

(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.

Recovery of expenses incurred in carrying out work under section 9(3A).

(Added, 56 of 1969, s. 4)

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.

Obstruction and locking of means of escape.

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1986 Ed.] Fire Services [CAP. 95 13 (b) The money arising from the sale of any property under this subsection may be retained by the Director and applied in payment of the expenses incurred by him in connexion with the abatement of the fire hazard and the surplus, if any, shall be paid- (i) to the owner of such property if he applies therefor within 12 months of the date of sale; or (ii) into the general revenue of the Colony if, or to the extent to which, the surplus is not disposed of under sub-paragraph (i). (Added, I of 1964, s. 4. Amended, 29 of 1975, s. 7) 9A. (1) The expenses incurred by the Director in carrying out work under section 9(3A) shall be a debt due to the Crown and, subject to subsection (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- (i) did not constitute an immediate and substantial danger of fire in or on the premises where the fire hazard was found; and (ii) was not likely, if fire had broken out in or on the premises, to increase substantially the normal risk to life which occurs in the event of a fire; or (Amended, 29 of 1975, s. 8) (b) the fire hazard was due to the act or omission of some person other than the person upon whom the fire hazard abatement notice was served. (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. Recovery of expenses incurred in carrying out work under section 9(3A). (Added, 56 of 1969, s. 4) 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. Obstruction and locking of means of escape.
Baseline (Original)
1986 Ed.] Fire Services [CAP. 95 13 (b) The money arising from the sale of any property under this subsection may be retained by the Director and applied in payment of the expenses incurred by him in connexion with the abatement of the fire hazard and the surplus, if any, shall be paid- (i) to the owner of such property if he applies therefor within 12 months of the date of sale; or (ii) into the general revenue of the Colony if, or to the extent to which, the surplus is not disposed of under sub-paragraph (i). ( Added, I of 1964, s. 4. Amended, 29 of 1975, s. 7) 9A. (1) The expenses incurred by the Director in carrying out work under section 9(3A) shall be a debt due to the Crown and, subject to subsection (2) of this section, shall be recoverable in the District Court from the person upon whom the fire hazard abate- ment 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- (i) did not constitute an immediate and substantial danger of fire in or on the premises where the fire hazard was found; and (ii) was not likely, if fire had broken out in or on the premises, to increase substantially the normal risk to life which occurs in the event of a fire; or (Amended, 29 of 1975, s. 8) (b) the fire hazard was due to the act or omission of some person other than the person upon whom the fire hazard abatement notice was served. (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. Recovery of expenses incurred in carrying out work under section 9(3A). (Added, 56 of 1969, s. 4) 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. Obstruction and locking of means of escape.
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1986 Ed.]

Fire Services

[CAP. 95

13

(b) The money arising from the sale of any property under this subsection may be retained by the Director and applied in payment of the expenses incurred by him in connexion with the abatement of the fire hazard and the surplus, if any, shall be paid-

(i) to the owner of such property if he applies therefor within 12 months of the date of sale; or

(ii) into the general revenue of the Colony if, or to the extent to which, the surplus is not disposed of under sub-paragraph (i).

( Added, I of 1964, s. 4. Amended, 29 of 1975, s. 7)

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

(i) did not constitute an immediate and substantial danger of fire in or on the premises where the fire hazard was found; and

(ii) was not likely, if fire had broken out in or on the premises, to increase substantially the normal risk to life which occurs in the event of a fire; or (Amended, 29 of 1975, s. 8)

(b) the fire hazard was due to the act or omission of some person other than the person upon whom the fire hazard abatement notice was served.

(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.

Recovery of expenses incurred in carrying out work under section 9(3A).

(Added, 56 of 1969, s. 4)

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.

Obstruction and locking of means of escape.

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