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Purposes
Introduce the legislative
amendments made to the Fire Services Ordinance, Chapter 95,
Laws of Hong Kong and its newly enacted Subsidiary Regulation—Fire
Services (Fire Hazard Abatement) Regulation for:-
- Combating Illegal
Refuelling Activities
- Controlling the Stowage
or Conveyance of Vehicle Parts containing or stained with
Fuel
- Conducting Fire Investigation
- Demand for Instant
Production of Personal Particulars
Combating
Illegal Refuelling Activities
A person who, possesses any Cat. 5 dangerous goods for the
purpose of a business of supplying such dangerous goods for
transferring to the fuel tank of a motor vehicle in any premises
where there is without a valid Dangerous Goods Licence, commits
an offence and shall be subject to direct prosecution.
Any charges
of illegal refuelling activities will be registered in the
Land Registry and the fact of conviction will be published
in local newspapers. A closure order will be made by the Court
to effect complete closure of those premises repeatedly used
for illegal refuelling activities for six months. The closure
order will also be registered in the Land Registry.
Penalty
:
- First Conviction
Liable to a fine at level 6 (i.e. $ 100,000) and to imprisonment
for 6 months
- Subsequent Conviction
Liable to a fine of $ 200,000 and to imprisonment for 1
year
Controlling
the Stowage or Conveyance of Vehicle Parts containing
or stained with Fuel
A person using enclosed container to stow or convey vehicle
parts containing or stained with fuel commits an offence and
shall be subject to direct prosecution.
Members of the Fire Services Department may :
- stop, board and search
a motor vehicle or container for investigation
-
seize, remove and
detain anything carried on it
Penalty
:
- First Conviction
Liable to a fine at level 6 (i.e. $ 100,000) and to imprisonment
for 6 months
-
Subsequent Conviction
Liable to a fine of $ 200,000 and to imprisonment for 1
year
Conducting
Fire Investigation
For the purposes of fire
investigation, members of the Fire Services Department may,
within a reasonable period after a fire has been extinguished,
enter into the premises concerned :
-
to
require any person to give information or produce any
document or article for fire investigation purposes
-
to
require any person to attend at a specified time and place
for answering any questions relating to the cause of fire
-
to
collect evidence for forensic analysis
-
to
make video recordings
-
to
take photographs
Demand
for Instant Production of Personal Particulars
To enable the taking of
immediate enforcement action against fire hazards, e.g. obstruction
to means of escape, locking of means of escape, fire service
installations not in efficient working order, etc., members
of the Fire Services Department are empowered to demand instant
production of a person's proof of identity.
A person
who fails to produce the proof of his/her identity as soon
as reasonably practicable or knowingly furnishes false particulars
commits an
offence and shall be subject to direct prosecution.
Penalty
: Liable to a fine at level 4 i.e. $ 25,000
Commencement
Date
1 January 2004
Enquiries
The information given
in this page is for guidance only and is not a detailed analysis
of the legislative provisions. For further information or
enquiry, please contact the Fire Services Department at telephone
no. 2733 7556.
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