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

6. Magistrate may make fire safety compliance orders or fire safety improvement compliance orders
(1) A magistrate who finds an owner or occupier of prescribed commercial premises or a specified commercial building guilty of an offence against section 5(7)(a) or (b) may, on the application of the relevant enforcement authority, make a fire safety compliance order or fire safety improvement compliance order, as the case may be, directing the owner or occupier to comply with all or any of the requirements specified in the fire safety direction or fire safety improvement direction, as the case may be, to which the offence related.
(2) A fire safety compliance order or fire safety improvement compliance order must specify the period within which it is to be complied with. That period must be a reasonable one that allows the owner or occupier concerned sufficient time to comply with the requirements of the order.
(3) A fire safety compliance order or fire safety improvement compliance order replaces the relevant fire safety direction or fire safety improvement direction, as the case may be, relating to those premises or buildings. (Replaced 15 of 1998 s. 7)
(4) A magistrate may, on the application of the relevant enforcement authority or an owner or occupier of the premises or building concerned, revoke or vary a fire safety compliance order or fire safety improvement compliance order, as the case may be, made in respect of that owner or occupier.
(5) An owner or occupier of the premises or building concerned is entitled to be heard on the hearing of an application made by an enforcement authority under this section.
(6) A fire safety compliance order or fire safety improvement compliance order ceases to have effect when revoked under subsection (4) or when the relevant enforcement authority has, by written notice, informed the magistrate’s clerk that the order has been complied with. That authority is required to serve a copy of the notice on the owner or occupier of the premises or building concerned.
(7) An application under this section may be made by both enforcement authorities acting jointly.
(8) (a) An owner or occupier of prescribed commercial premises who fails to comply with a fire safety compliance order is guilty of an offence and is liable on conviction to a fine at level 5 and to a further fine of $5,000 for each day or part of a day during which the failure continues after the expiry of the period specified in the order.
(b) An owner or occupier of a specified commercial building who fails to comply with a fire safety improvement compliance order is guilty of an offence and is liable on conviction to a fine at level 5 and to a further fine of $5,000 for each day or part of a day during which the failure continues after the expiry of the period specified in the order. (Added 15 of 1998 s. 7)
(Amended 15 of 1998 s. 7)     

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

7. District Court may make orders restricting use of prescribed commercial premises
(1) An enforcement authority may apply to the District Court for an order under this section in respect of prescribed commercial premises on the ground that a requirement of a fire safety direction or a fire safety compliance order is not being, or has not been, complied with in relation to the premises.
(2) An application under this section may be made at any time after the period for complying with the relevant fire safety direction or the relevant fire safety compliance order has expired and not before.
(3) An application under this section may be made by both enforcement authorities acting jointly.
(4) An enforcement authority must give at least 7 days’ notice to the owner or occupier of the premises concerned before making an application under this section.
(5) The procedure for hearing and determining an application under this section is to be in accordance with rules of court made under the District Court Ordinance (Cap. 336).
(6) On the hearing of an application under this section, the District Court may make an order prohibiting the use of prescribed commercial premises for any prescribed commercial activity, but only if it is satisfied that—
(a) the owner or occupier of those premises has failed to comply with a requirement specified in a fire safety direction or a fire safety compliance order; and
(b) it is reasonable to expect the owner or occupier to comply with the requirement; and
(c) the time allowed for complying with the requirement is reasonable.

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

7A. District Court may make orders prohibiting occupation of a specified commercial building
(1) An enforcement authority may apply to the District Court for an order under this section in respect of any unit or part of a specified commercial building on the ground that a requirement of a fire safety improvement direction or a fire safety improvement compliance order is not being, or has not been, complied with in relation to the unit or part, as the case may be.
(2) An application under this section may be made at any time after the period for complying with the relevant fire safety improvement direction or the relevant fire safety improvement compliance order has expired and not before.
(3) An application under this section may be made by both enforcement authorities acting jointly.
(4) An enforcement authority must give at least 7 days’ notice to the owner or occupier of the unit or part before making an application under this section.
(5) The procedure for hearing and determining an application under this section is to be in accordance with rules of court made under the District Court Ordinance (Cap. 336).
(6) On the hearing of an application under this section, the District Court may make an order prohibiting the occupation of the unit or part, but only if it is satisfied that—
(a) the owner or occupier of the unit or part has failed to comply with a requirement specified in a fire safety improvement direction or a fire safety improvement compliance order;
(b) it is reasonable to expect the owner or occupier to comply with the requirement;
(c) the time allowed for complying with the requirement is reasonable;
(d) it is reasonable and necessary in the circumstances to make the order; and
(e) there could be substantial fire risks if the unit or part is occupied.
(Added 15 of 1998 s. 8)

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

8. Effect of use restriction order
(1) While a use restriction order is in force in respect of prescribed commercial premises— (Amended 15 of 1998 s. 9)
(a) a person must not use the premises for any prescribed commercial activity; and
(b) the owner of the premises and, if the owner is not the occupier, the occupier of the premises must take all practicable steps to ensure that the premises are not so used.
(2) A use restriction order takes effect—
(a) 28 days after the date on which it is served on the owner or occupier of the premises concerned; 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 use restriction order to come into force from the date on which the order is served on the owner or occupier of the premises concerned or from a later date that is before the end of the 28-day period referred to in subsection (2)(a).
(4) A use restriction order remains in force until it is discharged under section 12(5), is revoked under section 13 or the premises concerned 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.