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

13. Right to apply to District Court for revocation of use restriction order or 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 use restriction order or prohibition order relating to the premises or building, as the case may be.
(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 use restriction order or prohibition order, the District Court must revoke the order if satisfied that the requirements of the relevant 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. Otherwise it must refuse the application.
(Amended 15 of 1998 s. 15)

14. Authorized officers
(1) An enforcement authority may, in writing, authorize a public officer to exercise 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 under 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 (Commercial Premises) Ordinance 《消防安全(商業處所)條例》

15. Power to enter premises or building and other powers of authorized officers
(1) An authorized officer may enter and inspect premises or a building without warrant if the officer reasonably believes that—
(a) the premises or building are or may be prescribed commercial premises or a specified commercial building; or
(b) an offence against this Ordinance is being or has been committed on those premises or buildings.
(2) An authorized officer may also enter and inspect prescribed commercial premises or a specified commercial building without warrant in order to ascertain whether or not a fire safety direction, fire safety improvement direction, fire safety compliance order or fire safety improvement compliance order, as the case may be, made in respect of the premises or building has been complied with. (Replaced 15 of 1998 s. 16)
(3) If, on the application of an enforcement authority, it is proved to the satisfaction of a magistrate on sworn information—
(a) that admission to premises or a building has been refused, or that refusal of admission is reasonably expected, or that the premises or building are unoccupied or that the case is one of urgency; and
(b) that there is a good reason for an authorized officer to enter the premises or building,

the magistrate may issue a warrant authorizing an authorized officer to enter the premises or building with such force as may be necessary.
(4) On leaving unoccupied premises or an unoccupied building entered in accordance with this section, an authorized officer must ensure that they are as effectively secured against trespassers as the officer found them at the time of entry.
(5) 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.
(Amended 15 of 1998 s. 16)

16. Authorized officer may request information about ownership or occupation of premises or building
(1) An authorized officer may ask a person to provide information that may identify an owner or occupier of premises at which a prescribed commercial activity is carried on or an owner or occupier of a specified commercial building, but only if— (Amended 15 of 1998 s. 17)
(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.

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

17. Offence to obstruct certain persons exercising or performing functions under this Ordinance
Any person who, without lawful excuse, resists, obstructs or delays a person who is exercising or performing, or attempting to exercise or perform, a function conferred or imposed by this Ordinance is guilty of an offence and is liable on conviction to a fine at level 4 and to imprisonment for 6 months.

18. Offences by persons concerned in management of body corporate
(1) If—
(a) a person convicted of an offence under this Ordinance is a body corporate; and
(b) it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of, a director of, or other person concerned in the management of, the body,

the director or other person so concerned also commits the offence.
(2) If—
(a) a person convicted of an offence is a member of a partnership; and
(b) it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of, any other person concerned in the management of the partnership,
the person so concerned also commits the offence.

19. Government not liable for certain matters
(1) A person to whom this section applies does not incur liability for damages only because of a failure to exercise or perform a function conferred or imposed by this Ordinance.
(2) This section applies to the Government, the enforcement authorities and all authorized officers.

20. Authorized officers not personally liable for certain acts and omissions
(1) An authorized officer is not personally liable for any act done or omitted to be done by the officer while exercising or performing a function conferred or imposed by this Ordinance if the officer did or omitted to do the act in the honest belief that the act or omission was required or authorized by or under this Ordinance.
(2) Subsection (1) does not affect any liability that the Government may have because an authorized officer has done or omitted to do an act to which that subsection applies.