Page:Fire Services (Fire Hazard Abatement) Regulation (Cap. 95F).pdf/17

L. S. NO. 2 TO GAZETTE NO. 19/2003 '''24. Publication of fact of conviction'''

(1) If a person is convicted of an offence under section 19 or 20, a scheduled member not below the rank of Assistant Divisional Officer may within 2 weeks after the conviction—
 * (a) sign a notice in Chinese and another notice in English—
 * (i) stating that a person has been convicted of the offence in respect of the relevant premises and stating the nature and date of the offence, but the notice shall not disclose the name, address and other personal particulars of the person convicted of the offence;
 * (ii) stating that if, within a period beginning 4 months after the date of that conviction and ending 16 months after that date, any person commits an offence under section 19 or 20 in respect of the premises, a closure order will be made in respect of the premises; and
 * (iii) setting out the section referred to in subparagraph (ii);
 * (b) affix or cause to be affixed by a scheduled member the notices referred to in paragraph (a) to a conspicuous part of the premises in respect of which the offence is proved to have been committed; and
 * (c) cause the notice in Chinese to be published in one newspaper published in Hong Kong in the Chinese language, and the notice in English in one newspaper so published in the English language.

(2) For the purpose of the application for a closure order, a document purporting to be a certificate signed by a scheduled member stating that he has on the date specified in the document affixed the notices in accordance with subsection (1) shall be admitted in evidence on its production.

(3) Unless the contrary is proved, it shall be presumed in respect of the document admitted in evidence under subsection (2)—
 * (a) that it is a certificate signed by the scheduled member; and
 * (b) that the scheduled member has on the date specified in the document affixed the notices in accordance with subsection (1).

25. Notification to owner etc. of convictions

If a person is convicted by a magistrate of an offence under section 19 or 20, a magistrate may order that a notice of that fact shall be served either personally on or by registered post sent to—
 * (a) the owner and, if ascertainable, the tenant of the premises in respect of which the offence is proved to have been committed;