33. Application for rescission of closure order
(1) If a closure order has been made in respect of any premises, a person to whom this section applies may apply in writing to a magistrate for the closure order to be rescinded.
(2) This section applies to a person who became a bona fide purchaser, mortgagee or chargee for valuable consideration of an interest in the premises—
- (a) after another person had been convicted of an offence or had been charged with an offence for which that other person was subsequently convicted, and that conviction being the conviction on which the closure order was based; and
- (b) before a notice relating to that conviction or charge was registered in accordance with section 23.
(3) An application made under this section—
- (a) shall state the name and address of the applicant;
- (b) shall state the business or occupation of the applicant; and
- (c) if the applicant is an individual, shall be accompanied by a copy of a document which is proof of his identity for the purposes of section 17B(1) of the Immigration Ordinance (Cap. 115).
(4) On receipt of an application made under this section, the magistrate shall—
- (a) appoint a date for the hearing of the application;
- (b) cause a copy of the application and of the accompanying document of identity to be sent to the Director; and
- (c) inform the Director of the date of the hearing.
(5) After hearing an application made by the applicant under this section and any representations made by or on behalf of the Director, the magistrate may rescind the closure order—
- (a) if satisfied that, at the time the applicant became a bona fide purchaser, mortgagee or chargee for valuable consideration of an interest in the premises, the applicant did not know of the conviction or charge (as the case may be) in relation to which a notice had not been registered in accordance with section 23; and
- (b) if satisfied that, having regard to all the circumstances of the case, it would be unjust for the applicant to be affected by the closure order.
(6) The magistrate who rescinds a closure order under subsection (5) shall, as soon as reasonably practicable, cause a notice in writing signed by the magistrate stating that fact to be sent to the Director.
(7) On receipt of the notice under subsection (6), the Director shall, as soon as reasonably practicable, cause it to be registered in the Land Registry.
