### Fire Safety (Buildings) Ordinance 《消防安全(建築物)條例》

12. Owner or occupier of building may request certificate of compliance
(1) At any time while a prohibition order is in force in respect of a building or part of a building, the owner or occupier concerned may, by notice in writing served on the relevant enforcement authority, request that authority to issue a certificate that the requirements of the fire safety direction or fire safety compliance order, as the case may be, that gave rise to the making of the order have been complied with.
(2) As soon as practicable after receiving a request under subsection (1), the relevant enforcement authority must, if it is satisfied that the requirements of the fire safety direction or fire safety compliance order, as the case may be, have been complied with, issue to the owner or occupier a certificate of compliance. If that authority is not so satisfied, it must reject the request.
(3) The relevant enforcement authority may also issue a certificate of compliance to an owner or occupier in respect of a building or part of a building for which a prohibition order is in force without a request under subsection (1) if at any time it is satisfied that the requirements of the fire safety direction or fire safety compliance order, as the case may be, that gave rise to the making of the order have been complied with.
(4) As soon as practicable after issuing a certificate of compliance, the relevant enforcement authority must make an application to the District Court for the discharge of the relevant order. The application must be accompanied by a copy of the certificate of compliance.
(5) On considering an application made under subsection (4), the District Court must discharge the relevant order unless it is of the opinion that there are special grounds for not doing so.
(6) As soon as practicable after rejecting a request made under subsection (1), the relevant enforcement authority must, by written notice, inform the owner or occupier concerned of the rejection and the reasons for it.

13. Right to apply to District Court for revocation of prohibition order
(1) If the relevant enforcement authority—
(a) rejects the request of the relevant owner or occupier for the issue of a certificate of compliance under section 12; or
(b) fails to issue such a certificate within 28 days after the request was made,
that owner or occupier may apply to the District Court for the revocation of the prohibition order relating to the building or part of a building.
(2) An applicant must give notice in writing of the application to the relevant enforcement authority within 7 days after making the application.
(3) On the hearing of an application for the revocation of a prohibition order, the District Court may make any order as it thinks fit.

### Fire Safety (Buildings) Ordinance 《消防安全(建築物)條例》

14. Registration of fire safety compliance order, etc. in the Land Registry
(1) The relevant enforcement authority may cause to be registered by memorial a fire safety compliance order or variance thereof or a prohibition order against the land register of the relevant property in the Land Registry.
(2) Where—
(a) a fire safety compliance order or variance thereof is registered under subsection (1) and subsequently—
(i) the order is revoked under section 6(4); or
(ii) the relevant enforcement authority has, by a written notice referred to in section 6(6), informed the magistrate’s clerk that the order has been complied with; or
(b) a prohibition order is registered under subsection (1) and subsequently—
(i) a certificate of compliance has been issued under section 12(3); or
(ii) the order is—
(A) discharged under section 12(5); or
(B) revoked under section 13(3),
the relevant enforcement authority must cause to be registered by memorial the revocation, notice, certificate of compliance or discharge, as the case may be, against the land register of the relevant property in the Land Registry as soon as practicable and in any event not later than one month after the date of the revocation, notice, certificate of compliance or discharge.
(3) Where a corporation has been registered with the Land Registrar under section 8 of the Building Management Ordinance (Cap. 344) and an order referred to in subsection (1) has been made against the corporation, such order shall, for the purposes of registration under this section, be deemed to have been made against each of the owners of the building individually.

15. Authorized officers
(1) An enforcement authority may, in writing, authorize a public officer to exercise or perform such of the functions conferred or imposed on authorized officers by this Ordinance as are specified in the authorization.
(2) The Director of Fire Services and the Director of Buildings and all police officers are taken to be authorized officers for the purposes of this Ordinance.
(3) When exercising or performing a function conferred or imposed by this Ordinance, an authorized officer—
(a) may be assisted by such persons as the officer reasonably requires in order to exercise or perform the function; and
(b) must, if required to do so, produce for inspection the officer’s identity card and, except in the case of the persons referred to in subsection (2), the authorization issued to the officer under subsection (1).

### Fire Safety (Buildings) Ordinance 《消防安全(建築物)條例》

16. Power to enter a building, etc. and other powers of authorized officers
(1) An authorized officer may enter and inspect a building or part of a building without warrant if the officer reasonably believes that—
(a) it is or may be a composite building or domestic building or a part thereof; or
(b) an offence against this Ordinance is being or has been committed therein.
(2) An authorized officer may also enter and inspect a building or part of a building without warrant in order to ascertain whether or not a fire safety direction or fire safety compliance order, as the case may be, made in respect of it has been complied with.
(3) An authorized officer must not enter under subsection (1) or (2) any part of a building—
(a) intended for domestic purposes; and
(b) in respect of which the occupier of that part of the building has an exclusive right of use and enjoyment,
unless no less than 24 hours’ notice in writing of an intended entry by such officer has been given to that occupier.
(4) If, on the application of an enforcement authority, it is proved to the satisfaction of a magistrate on sworn information—
(a) that admission to a building or part of a building has been refused, or that refusal of admission is reasonably expected, or that it is unoccupied or that the case is one of urgency; and
(b) that there is a good reason for an authorized officer to enter it,
the magistrate may issue a warrant authorizing an authorized officer to enter the building or part of a building with such force as may be necessary.
(5) On leaving an unoccupied building or part of a building entered in accordance with this section, an authorized officer must ensure that it is as effectively secured against trespassers as the officer found it at the time of entry.
(6) A warrant issued under this section continues in force for 1 month from the date of its issue or until the purpose for which entry is required has been fulfilled, whichever first occurs.

17. Authorized officer may request information about ownership or occupation of building
(1) An authorized officer may ask a person to provide information that may identify an owner or occupier of a composite building or a domestic building, but only if—
(a) the officer reasonably believes that the person has the information; and
(b) the information is not readily available by an inspection of a public record.
(2) A person who, without reasonable excuse—
(a) refuses to answer a question put to the person under subsection (1); or
(b) provides an answer that the person knows or ought reasonably to know is false or misleading,
is guilty of an offence and is liable on conviction to a fine at level 4.