Page:Fire Services (Fire Hazard Abatement) Regulation (Cap. 95F).pdf/6

L. S. NO. 2 TO GAZETTE NO. 19/2003 (2) Where a claim is made under subsection (1) for the return of an article or thing, the Director may refuse to return it unless he is satisfied that the claimant is the owner or otherwise entitled to the possession of the article or thing.

(3) If an article or thing is not claimed within the period under subsection (1)(b), or if the Director refuses to return it under subsection (2), the article or thing—
 * (a) may be sold by public auction; or
 * (b) if the Director thinks the circumstances of the case require it—
 * (i) may otherwise be sold; or
 * (ii) may otherwise be disposed of without sale.

(4) The proceeds arising from the sale of an article or thing under subsection (3)(a) or (b)(i) shall be applied in payment of the expenses reasonably incurred by the works carried out under section 4 or 5; and the surplus, if any, shall be paid into the general revenue.

8. Recovery of expenses

(1) Subject to subsection (2), the expenses reasonably incurred by the Director in carrying out works under section 4—
 * (a) shall constitute a civil debt due to the Government by the person on whom the relevant fire hazard abatement notice was served; and
 * (b) may be recovered by action in the District Court from that person.

(2) It shall be a defence for a person against whom an action is brought under subsection (1) to satisfy the court that—
 * (a) the fire hazard to which the fire hazard abatement notice relates—
 * (i) did not constitute an immediate and substantial danger of fire in or on the relevant premises; and
 * (ii) was not likely, if fire had broken out in or on the premises, to increase substantially the normal risk to life which occurs in the event of a fire; or
 * (b) the fire hazard was due to the wilful act, default or sufferance of a person other than the person on whom the fire hazard abatement notice was served.

(3) Nothing in this section shall be construed as affecting any right that the person on whom a fire hazard abatement notice has been served may have to a contribution, indemnity or damages from any other person.