Page:Fire Services (Fire Hazard Abatement) Regulation (Cap. 95F).pdf/10

L. S. NO. 2 TO GAZETTE NO. 19/2003 :(b) in the case of an appeal that is abandoned, satisfies the court before which proceedings are taken for the recovery of the fine, that there was substantial ground for the appeal and that the appeal was not brought merely for the purpose of delay.

(6) The period in respect of which a daily fine is payable under subsection (4) commences to run on the expiry of the period that would have been permitted for the compliance with the requirements of an order referred to in that subsection if there had been no appeal against the order, until the day immediately preceding the day of the dismissal or abandonment of the appeal.

(7) In the case of an appeal that is dismissed, the daily fine (if any) imposed under subsection (4) shall be imposed by the court hearing the appeal.

(8) In the case of an appeal that is abandoned, the daily fine (if any) shall, for the purpose of proceedings for the recovery of the fine, be taken to have been imposed by the court before which the proceedings are taken, but the court may reduce or cancel the amount of the fine if it thinks fit.

(9) Subject to subsection (10), in the event of an appeal against a fire hazard order that requires the carrying out of structural works, no works shall be done under section 12(2) or under the order until after the determination or abandonment of the appeal.

(10) If the magistrate by whom a fire hazard order that requires the carrying out of structural works was made is of the opinion that the nature of the relevant fire hazard is such as to require immediate abatement, the magistrate may, notwithstanding that an appeal in respect of the order is pending, authorize the Director to abate the fire hazard immediately.

(11) If the Director abates the fire hazard under subsection (10), then—
 * (a) if the appeal is allowed, the Director shall pay to the person in respect of whom the fire hazard order was made the amount of any damage sustained by the person by reason of the abatement of the fire hazard by the Director;
 * (b) if the appeal is dismissed or abandoned, the Director may recover from the person any expenses reasonably incurred in abating the fire hazard as a civil debt due to the Government by action in the District Court.