Page:Fire Services (Fire Hazard Abatement) Regulation (Cap. 95F).pdf/29

CHENG Mei-sze, Maisie
Clerk to the Executive Council

Council Chamber
29 April 2003

Explanatory Note

The purpose of this Regulation is to provide for matters relating to—

(a) the fire hazard abatement notice;

(b) the fire hazard order and prohibition order;

(c) the fire hazard offences;

(d) the investigation powers;

(e) the protection of innocent parties; and

(f) the closure order.

2. Part 1 (sections 3 to 9) provides for matters relating to a fire hazard abatement notice as follows—

(a) section 3 provides that if the Director of Fire Services (“the Director”) is satisfied that there is in existence a fire hazard in or on any premises, the Director may serve a fire hazard abatement notice on a person requiring that person to abate the fire hazard;

(b) sections 4 and 5 provide that the Director may carry out works to abate a fire hazard or prevent it from recurring;

(c) section 6 provides that the power to carry out works to abate a fire hazard or prevent it from recurring may only be delegated to a Deputy Director of Fire Services or a Chief Fire Officer but not other public officers;

(d) section 7 provides that the Director may remove any article or thing that may create a fire hazard;

(e) section 8 provides for the recovery of expenses reasonably incurred in carrying out works by the Director to abate a fire hazard and prevent it from recurring; and

(f) section 9 provides for the offences for non-compliance with the requirement of a fire hazard abatement notice.

3. Part 2 (sections 10 to 13) provides for matters relating to a fire hazard order and a prohibition order as follows—

(a) section 10 provides that a magistrate may make a fire hazard order for either or both of the following proposes—

(i) to require a person on whom a fire hazard abatement notice is served to comply with the requirement of a fire hazard abatement notice and to prevent the fire hazard from recurring;