### Fire Safety (Commercial Premises) Ordinance 《消防安全(商業處所)條例》

8A. Effect of prohibition order
(1) While a prohibition order is in force in respect of any unit or part of a specified commercial building—
(a) (i) save with the permission in writing of the enforcement authority, no person, other than an authorized officer in the course of his duty shall occupy the unit or part;
(ii) where he thinks fit, the enforcement authority may, subject to such conditions as he thinks fit, by notice in writing permit any person to occupy the unit or part; or
(iii) any permission granted under subparagraph (ii) may be cancelled by the enforcement authority at any time and for any reason; and (Amended E.R. 4 of 2020)
(b) the owner of the unit or part and, if the owner is not the occupier, the occupier of the unit or part must take all practicable steps to ensure that any of the requirements in paragraph (a) is complied with.
(2) A prohibition order takes effect—
(a) 28 days after the date on which it is served on the owner or occupier of the unit or part; or
(b) if that owner or occupier appeals against the order, when the appeal is finally rejected or is withdrawn.
(3) Despite subsection (2), the District Court may, if of the opinion that in the particular circumstances it is appropriate to do so, direct a prohibition order to come into force from the date on which the order is served on the owner or occupier of the unit or part or from a later date that is before the end of the 28-day period referred to in subsection (2)(a).
(4) A prohibition order remains in force until it is discharged under section 12(5), is revoked under section 13 or the unit or part cease to exist, whichever first occurs.
(5) In subsection (2)(b), a reference to an appeal includes a reference to an appeal from a decision determining the appeal.
(Added 15 of 1998 s. 10)

### Fire Safety (Commercial Premises) Ordinance 《消防安全(商業處所)條例》

9. Offence in relation to the contravention of use restriction order or prohibition order
(1) A person who, without reasonable excuse, contravenes section 8(1) is guilty of an offence and is liable on conviction to a fine of $250,000 and to imprisonment for 3 years and to a further fine of $25,000 for each day or part of a day during which the contravention continues. (Amended 15 of 1998 s. 11)
(2) A person who, without reasonable excuse, contravenes section 8A(1) is guilty of an offence and is liable on conviction to a fine of $250,000 and to imprisonment for 3 years and to a further fine of $25,000 for each day or part of a day during which the contravention continues. (Added 15 of 1998 s. 11)

10. Copy of use restriction order or prohibition order to be posted at entrances to affected premises or building
(1) As soon as practicable after a use restriction order or prohibition order is made in respect of premises or any unit or part of a building, as the case may be, the relevant enforcement authority must, in addition to serving a copy of the order on the owner or occupier of the premises, unit or part, as the case may be, post a copy of it in a conspicuous place—
(a) inside the premises, unit or part, as the case may be; or
(b) at or in the immediate vicinity of each entrance to the premises, unit or part, as the case may be. (Replaced 15 of 1998 s. 12)
(2) Failure to comply with subsection (1) does not invalidate the effect of such an order.
(3) While a use restriction order or prohibition order is in force in respect of premises or a building, any person who, without lawful authority, removes, defaces or otherwise interferes with a copy of the order posted in accordance with subsection (1) is guilty of an offence and is liable on conviction to a fine at level 2.
(4) As soon as practicable after a use restriction order or prohibition order has ceased to have effect in respect of premises or a building, the relevant enforcement authority must, as far as practicable, remove from the premises or building all copies of the order posted in accordance with subsection (1).
(Amended 15 of 1998 s. 12)

### Fire Safety (Commercial Premises) Ordinance 《消防安全(商業處所)條例》

11. Power to remove persons from premises or buildings, etc.
A police officer of or above the rank of inspector—
(a) may remove from premises or a building in respect of which a use restriction order or prohibition order, as the case may be, is in force any person who is apparently contravening or about to contravene section 8(1) or 8A(1); and
(b) may prevent any such person from re-entering the premises or building while the order remains in force.
(Amended 15 of 1998 s. 13)

12. Owner or occupier of premises or building may request certificate of compliance
(1) At any time while a use restriction order or prohibition order, as the case may be, is in force in respect of premises or a building, an owner or occupier of the premises or building 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, fire safety improvement direction, fire safety compliance order or fire safety improvement 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, fire safety improvement direction, fire safety compliance order or fire safety improvement 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 of premises or a building in respect of which a use restriction order or 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, fire safety improvement direction, fire safety compliance order or fire safety improvement 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 of the premises or building concerned of the rejection and the reasons for it.
(Amended 15 of 1998 s. 14)