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

42. Offence of disclosing information
(1) A person who, without lawful authority, discloses to another person information obtained while performing a function under this Ordinance commits an offence.
(2) For subsection (1), the person has lawful authority if the person discloses the information—
(a) in order to perform a function under this Ordinance;
(b) in connection with proceedings brought under this Ordinance;
(c) in relation to performing a function, or for enabling or facilitating any thing or work to be done by any person, under any law of Hong Kong;
(d) in compliance with a court order; or
(e) with the consent of each person who is entitled to have the information kept confidential.
(3) For subsection (2)(e), information that a person is entitled to have kept confidential includes, but is not limited to, information that concerns the trade, business or profession of the person or another person with whom the person has business dealings.
(4) A person who commits an offence under subsection (1) is liable on conviction to a fine at level 5 and to imprisonment for 6 months.

43. Offence to obstruct authorized officers
(1) A person who, without reasonable excuse, resists, obstructs or delays an authorized officer who is performing, or is attempting to perform, a function under this Ordinance commits an offence.
(2) A person who commits an offence under subsection (1) is liable on conviction to a fine at level 4 and to imprisonment for 6 months.

44. Government not liable for failure to perform function
The Government, an enforcement authority or an authorized officer does not incur liability for damages only because of a failure to perform a function under this Ordinance.

45. Immunity from civil liability
(1) An authorized officer is not civilly liable for an act done or omitted to be done by the officer in good faith in performing or purportedly performing a function under this Ordinance.
(2) Subsection (1) does not affect any liability of the Government for the act or omission.

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

46. Offences by body corporate and partnership
(1) If an offence under this Ordinance is committed by a body corporate (other than an owners’ corporation) and it is proved that the offence—
(a) was committed with the consent or connivance of a director of the body corporate or other person concerned in the management of the body corporate; or
(b) was attributable to any neglect or omission on the part of the director or the other person,
the director or the other person also commits the offence.
(2) If an offence under this Ordinance is committed by an owners’ corporation and it is proved that the offence—
(a) was committed with the consent or connivance of a person concerned in the management of the corporation; or
(b) was attributable to any neglect or omission on the part of the person,
the person also commits the offence.
(3) If an offence under this Ordinance is committed by a partner of a partnership and it is proved that the offence—
(a) was committed with the consent or connivance of any other partner concerned in the management of the partnership; or
(b) was attributable to any neglect or omission on the part of the other partner,
the other partner also commits the offence.

47. Prosecution deadline
A prosecution for an offence under this Ordinance may only be started before the end of 12 months beginning on the date on which the offence is discovered by, or comes to the notice of, the enforcement authority.
Note—
This replaces the time limit under section 26 of the Magistrates Ordinance (Cap. 227).

48. Service on non-body corporate
If a document for a building or a part of a building is to be given to or served on a person under this Ordinance by an enforcement authority and the person is not a body corporate, the document may be—
(a) delivered personally to the person;
(b) sent by registered post to the person’s usual address of residence or business, or (if that address is unknown) to the person’s last known address of residence or business;
(c) left with an adult occupier of the building or part;
(d) posted at a conspicuous place inside the building or part;
(e) sent by facsimile transmission to the facsimile number of the person, or (if that number is unknown) to the person’s last known facsimile number; or
(f) sent by electronic mail to the electronic mail address of the person, or (if that address is unknown) to the person’s last known electronic mail address.

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

49. Service on body corporate
(1) If a document for a building or a part of a building is to be given to or served on a person under this Ordinance by an enforcement authority and the person is a body corporate (other than a registered non-Hong Kong company), the document may be—
(a) delivered personally to any address in Hong Kong at which the body corporate carries on business, and given to a person apparently concerned in the management of, or employed by, the body corporate;
(b) sent by registered post to the registered office in Hong Kong of the body corporate, or to any address in Hong Kong at which the body corporate carries on business, or (if that address is unknown) to the last known registered or business address of the body corporate;
(c) left with an adult occupier of the building or part;
(d) posted at a conspicuous place inside the building or part;
(e) sent by facsimile transmission to the facsimile number of the body corporate, or (if that number is unknown) to the last known facsimile number of the body corporate; or
(f) sent by electronic mail to the electronic mail address of the body corporate, or (if that address is unknown) to the last known electronic mail address of the body corporate.
(2) If a document for a building or a part of a building is to be given to or served on a person under this Ordinance by an enforcement authority and the person is a registered non-Hong Kong company, the document may be—
(a) delivered personally to the address of the authorized representative as shown in the Companies Register, and given to the authorized representative;
(b) sent by registered post to the authorized representative at that address;
(c) left with an adult occupier of the building or part;
(d) posted at a conspicuous place inside the building or part;
(e) sent by facsimile transmission to the facsimile number of the authorized representative, or (if that number is unknown) to the last known facsimile number of the representative; or
(f) sent by electronic mail to the electronic mail address of the authorized representative, or (if that address is unknown) to the last known electronic mail address of the representative.
(3) In this section—
authorized representative (獲授權代表) means an authorized representative as defined by section 774(1) of the Companies Ordinance (Cap. 622);
Companies Register (公司登記冊) has the meaning given by section 2(1) of the Companies Ordinance (Cap. 622);
registered non-Hong Kong company (註冊非香港公司) means a registered non-Hong Kong company as defined by section 2(1) of the Companies Ordinance (Cap. 622).