Page:Fire Services (Fire Hazard Abatement) Regulation (Cap. 95F).pdf/22

L. S. NO. 2 TO GAZETTE NO. 19/2003 '''34. Rescission of closure order after successful appeal'''

(1) If a person (first-mentioned person) successfully appeals against a conviction (first-mentioned conviction) on which a closure order is based, the appellate court shall rescind the order unless—
 * (a) the first-mentioned person or any other person was convicted in the same proceedings of an offence of which he remains convicted and, as a result, the order could have been made without reference to the first-mentioned conviction; or
 * (b) the appellate court substitutes a verdict of guilty of another offence on which the order could, if the person had originally been convicted of that offence, have been based.

(2) The court that rescinds a closure order under subsection (1) shall, as soon as reasonably practicable, cause a notice in writing sealed with the seal of the court stating that fact to be sent to the Director.

(3) On receipt of the notice under subsection (2), the Director shall, as soon as reasonably practicable, cause it to be registered in the Land Registry.

35. Application for suspension order

(1) If a closure order has been made in respect of any premises, a person who is a mortgagee or chargee of the premises or who would, if the premises were not closed—
 * (a) be entitled or permitted to occupy or possess the premises; or
 * (b) be the immediate landlord of the occupier of the premises,

may apply in writing to a magistrate for the closure order to be suspended.

(2) An application made under this section—
 * (a) shall state the name and address of the person who is proposed to be the occupier of the premises, during the suspension of the closure order;
 * (b) shall state the business or occupation of such person, during the suspension of the closure order;
 * (c) shall state the purpose for which it is proposed the premises be used, during the suspension of the closure order; and
 * (d) if the proposed occupier 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).

(3) 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