An Introduction to
Fire Services (Amendment) Ordinance 2003
&
Fire Services (Fire Hazard Abatement) Regulatio
n
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Fire Services (Amendment) Ordinance 2003 & (Fire Hazard Abatement) Regulation


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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

Front page of Fire Services Ordinance, Chapter 95, Laws of Hong Kong and its newly enacted Subsidiary Regulation—Fire Services (Fire Hazard Abatement)

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

Combating Illegal Refuelling Activities

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

Controlling the Stowage or Conveyance of Vehicle Parts containing or tained with Fuel

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


Conducting Fire Investigation

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

Demand for Instant Production of Personal Particulars

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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Last revision date: 20-01-2012