Page:Fire Services (Fire Hazard Abatement) Regulation (Cap. 95F).pdf/9

L. S. NO. 2 TO GAZETTE NO. 19/2003 '''12. Offences against non-compliance with fire hazard orders or prohibition orders'''

(1) A person who without reasonable excuse knowingly contravenes a fire hazard order or a prohibition order commits an offence and shall be liable on conviction to a fine of $200,000 and to a further fine of $20,000 for each day during which the offence continues.

(2) Without prejudice to subsection (1), if a fire hazard order has not been complied with, the Director—
 * (a) subject to section 13(9), may abate the fire hazard;
 * (b) subject to section 13(9), may do whatever may be necessary in execution of the order; and
 * (c) may recover from the person in respect of whom the order was made any expenses reasonably incurred by the execution of the order as a civil debt due to the Government by action in the District Court.

13. Appeal against fire hazard orders or prohibition orders

(1) Subject to the following provisions, Part VII of the Magistrates Ordinance (Cap. 227) applies in relation to proceedings in a magistrate’s court under this section.

(2) In the event of an appeal against a fire hazard order or a prohibition order, the order shall be suspended pending the determination or abandonment of the appeal.

(3) If the order in subsection (2) has not been quashed in the appeal, the period for compliance with the requirements of the order shall commence to run on the determination or abandonment of the appeal.

(4) Subject to subsection (5), if an appeal—
 * (a) against a fire hazard order that provides for the matter under section 10(3)(c) (whether or not it also provides for other matters);
 * (b) against a fire hazard order that requires the carrying out of structural works; or
 * (c) against a prohibition order,

is dismissed or abandoned, then notwithstanding subsections (2) and (3), the appellant shall be liable to a further fine of $20,000 for each day during the period when the order was not complied with.

(5) The daily fine referred to in subsection (4) shall not be payable if the appellant—
 * (a) in the case of an appeal that is dismissed, satisfies the court hearing the appeal; or