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

6. Magistrate may make fire safety compliance orders
(1) A magistrate who finds an owner or occupier of a composite building or an owner of a domestic building guilty of an offence against section 5(8) may, on the application of the relevant enforcement authority, make a fire safety compliance order directing the owner or occupier to comply with all or any of the requirements specified in the fire safety direction to which the offence related.
(2) A fire safety 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 replaces the relevant fire safety direction.
(4) A magistrate may, on the application of the relevant enforcement authority or the applicable owner or occupier, revoke or vary a fire safety compliance order made in respect of that owner or occupier.
(5) The applicable owner or occupier 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 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 applicable owner or occupier.
(7) An application under this section may be made by both enforcement authorities acting jointly.
(8) An owner or occupier 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.

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

7. District Court may make orders prohibiting occupation of a building or part of a building
(1) An enforcement authority may apply to the District Court for an order under this section 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.
(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 applicable owner or occupier before making an application under this section.
(5) As soon as practicable after a notice is given under subsection (4), the relevant enforcement authority must post a copy of such notice in a conspicuous place—
(a) inside the relevant building or part of a building; or
(b) at or in the immediate vicinity of each entrance to the relevant building or part of a building.
(6) 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).
(7) On the hearing of an application under this section, the District Court may make an order prohibiting the occupation of the relevant building or part of a building, but only if it is satisfied that—
(a) the owner or occupier has failed to comply with a requirement specified in a fire safety direction or a fire safety 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 relevant building or part of a building is occupied.

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

8. Effect of prohibition order
(1) While a prohibition order is in force—
(a) (i) save with the permission in writing of the relevant enforcement authority, no person, other than an authorized officer in the course of his duty, shall occupy the relevant building or part of a building;
(ii) where he thinks fit, the relevant enforcement authority may, subject to such conditions as he thinks fit, by notice in writing permit any person to occupy the relevant building or part of a building for the purpose of implementing measures necessary for the discharge or revocation of the prohibition order; or
(iii) any permission granted under subparagraph (ii) may be cancelled by the relevant enforcement authority at any time and for any reason; and
(b) the applicable owner and, if the owner is not the occupier, the occupier must take all practicable steps to ensure that the relevant building or part of a building is effectively secured against entry by any person other than an authorized officer or a person having a permission under paragraph (a)(ii).
(2) A prohibition order takes effect—
(a) 28 days after the date on which it is served on the owner or occupier; 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 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 building or part of a building ceases 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.

9. Offence in relation to the contravention of prohibition order
(1) A person who, without reasonable excuse, contravenes section 8(1)(a)(i) 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.
(2) A person who, without reasonable excuse, contravenes section 8(1)(b) is guilty of an offence and is liable on conviction to a fine at level 4 and to imprisonment for 6 months.

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

10. Copy of prohibition order to be posted at entrances to affected building or part of a building
(1) As soon as practicable after a prohibition order is made, the relevant enforcement authority must, in addition to serving a copy of the order on the owner or occupier, post a copy of it in a conspicuous place—
(a) inside the building or part of a building; or
(b) at or in the immediate vicinity of each entrance to the building or part of a building,
to which the order relates.
(2) Failure to comply with subsection (1) does not invalidate the effect of such an order.
(3) While a prohibition order is in force, 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 prohibition order has ceased to have effect, the relevant enforcement authority must, as far as practicable, remove from the premises all copies of the order posted in accordance with subsection (1).

11. Power to remove persons from building, etc.
A police officer of or above the rank of inspector—
(a) may remove from the building or part of a building in respect of which a prohibition order is in force any person who is apparently contravening or about to contravene section 8(1); and
(b) may prevent any such person from re-entering the building or part of a building while the order remains in force.