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

18. District Court may make prohibition order
(1) An application under section 17 is to be heard and determined in accordance with the rules of court made under section 72 of the District Court Ordinance (Cap. 336).
(2) At the hearing of an application under section 17, the District Court may make an order for a building or a part of a building prohibiting the occupation of the building or part if satisfied that—
(a) the owner or occupier of the building or part has failed to comply with a requirement or measure specified in a fire safety direction or in a fire safety compliance order;
(b) it is reasonable to expect the owner or occupier to comply with the requirement or measure;
(c) the time allowed for complying with the requirement or measure is reasonable;
(d) it is reasonable and necessary in the circumstances to make the order; and
(e) there are substantial fire risks if the building or part is occupied.

19. Effect of prohibition order
(1) While a prohibition order is in force for a building or a part of a building, no person may occupy the building or part, except—
(a) a person with a permission granted under subsection (2); or
(b) an authorized officer acting in the course of duty.
(2) If an enforcement authority considers appropriate, it may, subject to suitable conditions, by written notice permit a person to occupy the building or part for implementing measures necessary for the discharge or revocation of the prohibition order.
(3) The enforcement authority may cancel the permission granted under subsection (2) at any time.
(4) While a prohibition order is in force for a building or a part of a building, the owner and occupier of the building or part must take all practicable measures to ensure the building or part is effectively secured against entry by any person other than a person referred to in subsection (1)(a) or (b).

20. Discharging prohibition order
(1) If a prohibition order is in force for a building or a part of a building, the enforcement authority must, as soon as practicable after issuing a certificate of compliance for the building or part, apply to the District Court for discharge of the order.
(2) The application must be accompanied by a copy of the certificate of compliance.
(3) The District Court must on the application make an order to discharge the prohibition order, unless it considers that there are special grounds for not doing so.

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

21. Revoking prohibition order
(1) If a prohibition order is in force for a building or a part of a building and the enforcement authority—
(a) rejects a request for a certificate of compliance made under section 26(1) for the building or part by the owner or occupier concerned; or
(b) fails to issue a certificate of compliance for the building or part within 28 days after the date on which the owner or occupier concerned gives a notice under the section requesting the certificate,
the owner or occupier may apply to the District Court for an order to revoke the prohibition order.
(2) The applicant must, within 7 days after making the application, give written notice of the application by delivering it personally or sending it by post to the enforcement authority.
(3) The enforcement authority is entitled to be heard at the hearing of the application.
(4) At the hearing of the application, the court may make any order it considers appropriate.

22. Validity period of prohibition order
(1) A prohibition order for a building or a part of a building comes into force—
(a) if the owner or occupier concerned does not appeal against the order—on the 29th day after the date of service of a copy of the order on the owner and occupier; or
(b) if the owner or occupier appeals against the order (including an appeal against a decision determining the appeal)—on the day following the date on which the appeal is finally rejected or is withdrawn.
(2) However, the District Court may, if it considers appropriate in a particular case, order that a prohibition order comes into force—
(a) on the date of service of a copy of the prohibition order on the owner and occupier concerned; or
(b) on a date within 28 days after the date of service.
(3) For subsections (1) and (2)—
(a) service must be in a way other than by posting in accordance with section 24(1)(a); and
(b) the date of service is—
(i) if copies are served on the owner and occupier on the same date—that date; or
(ii) if copies are served on the owner and occupier on different dates—the last of those dates.
(4) A prohibition order ceases to be in force on the earliest of—
(a) the discharge of the order under section 20;
(b) the revocation of the order under section 21; or
(c) the building or part ceasing to exist.

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

23. Offences relating to prohibition order
(1) A person who, without reasonable excuse, contravenes section 19(1) commits an offence.
(2) A person who commits an offence under subsection (1) is liable on conviction—
(a) to a fine of $250,000 and to imprisonment for 3 years; and
(b) to a further fine of $25,000 for each day (or part of a day) during which the contravention continues.
(3) A person who, without reasonable excuse, contravenes section 19(4) commits an offence.
(4) A person who commits an offence under subsection (3) is liable on conviction to a fine at level 4 and to imprisonment for 6 months.

24. Posting and service of copy of prohibition order
(1) As soon as practicable after the District Court makes a prohibition order for a building or a part of a building, the enforcement authority must—
(a) post a copy of the order at a conspicuous place—
(i) inside the building or part; or
(ii) at, or in the immediate vicinity of, each entrance to the building or part; and
(b) serve, in a way other than by posting in accordance with paragraph (a), a copy of the order on the owner and occupier concerned.
(2) If a prohibition order is in force and a copy of the order is posted under subsection (1)(a), a person who, without lawful authority, removes, defaces or in another way interferes with the copy commits an offence.
(3) A person who commits an offence under subsection (2) is liable on conviction to a fine at level 2.
(4) The enforcement authority must, as soon as practicable after a prohibition order ceases to be in force, remove all copies of the order posted under subsection (1)(a).

25. Power to remove persons from building
While a prohibition order is in force for a building or a part of a building, a police officer of or above the rank of inspector may—
(a) remove from the building or part any person who is apparently contravening, or about to contravene, section 19(1); and
(b) prevent the person from re-entering the building or part while the order is in force.

26. Requesting certificate of compliance
(1) While a fire safety direction or fire safety compliance order is in force for a building or a part of a building, the owner or occupier concerned may, by written notice given by delivering it personally or sending it by post to the enforcement authority, request the authority to issue a certificate of compliance for the building or part.
(2) A certificate of compliance must certify that the requirements or measures specified in a fire safety direction or in a fire safety compliance order have been complied with.