【 标 题 】第95章 消防条例
Cap 95 FIRE SERVICES ORDINANCE
 

案例数据库群

法规数据库群

隐藏关联资料 隐藏关联资料  下载  打印    字号  还原
 
目录
Cap 95 Long title

To make better provision as to the constitution, duties and powers of the Fire Services Department and as to the discipline of members thereof and to make provision for the prevention of fire hazards, for the investigation into matters relating to a fire and for a welfare fund; and to regulate the registration of fire service installation contractors and to provide for the control of the sale, supply, installation, repair, maintenance and inspection of fire service installations or equipment; and for purposes connected with the matters aforesaid.

(Amended 42 of 1961 s. 2; 1 of 1964 s. 2; 45 of 1971 s. 2; 7 of 2003 s. 2)

[13 August 1954]
(Originally 32 of 1954)

Cap 95 Long title

To make better provision as to the constitution, duties and powers of the Fire Services Department and as to the discipline of members thereof and to make provision for the prevention of fire hazards, for the investigation into matters relating to a fire and for a welfare fund; and to regulate the registration of fire service installation contractors and to provide for the control of the sale, supply, installation, repair, maintenance and inspection of fire service installations or equipment; and for purposes connected with the matters aforesaid.

(Amended 42 of 1961 s. 2; 1 of 1964 s. 2; 45 of 1971 s. 2; 7 of 2003 s. 2)

[13 August 1954]
(Originally 32 of 1954)

Cap 95 Part I PRELIMINARY

Cap 95 s 1 Short title

This Ordinance may be cited as the Fire Services Ordinance.

(Amended 42 of 1961 s.3)

Cap 95 s 2 Interpretation


In this Ordinance, unless the context otherwise requires-
"calamity" (灾难) means an occurrence by which life or property is endangered; (Added 1 of 1961 s. 2)
"civil service provident fund scheme" (公务员公积金计划) means the Civil Service Provident Fund Scheme referred to in the government regulations; (Added 6 of 2009 s. 3)
"Director" (处长) means the Director of Fire Services; (Replaced 42 of 1961 s. 2)
"fire hazard" (火警危险) means- (a)-(b) (Repealed 4 of 1985 s. 2)
(c) any removal from any building of any fire service installation or equipment which was provided in such building in accordance with plans certified by the Director for the purposes of section 16 of the Buildings Ordinance (Cap 123);
(d) the presence in any building of any fire service installation or equipment which from lack of proper maintenance or for any other reason is not in efficient working order; (Amended 56 of 1969 s. 2)
(e) inadequate means of egress from any premises in a building to street level outside the building or using such means of egress for a purpose which gives rise to any circumstance described in paragraph (f); (Added 56 of 1969 s. 2. Amended 29 of 1975 s. 2)
(f) any other matter or circumstance which materially increases the likelihood of fire or other calamity or the danger to life or property that would result from the outbreak of fire or the occurrence of any other calamity, or which would materially hamper the Fire Services Department in the discharge of its duties in the event of fire or other calamity; (Added 1 of 1964 s. 3)"fire service installation or equipment" (消防装置或设备) means any installation or equipment manufactured, used or designed to be used for the purposes of- (a) extinguishing, attacking, preventing or limiting a fire;
(b) giving warning of a fire;
(c) providing access to any premises or place for the purpose of extinguishing, attacking, preventing or limiting a fire; (Added 45 of 1971 s. 3)
(d) facilitating the evacuation from any premises in case of fire; (Added 7 of 2003 s. 3)
(e) providing a stand-by power supply to an installation or equipment the purposes of which are mentioned in paragraphs (a) to (d) in the event of the loss of normal power supply; (Added 7 of 2003 s. 3)"government regulations" (政府规例) means the administrative rules known as the Government Regulations and any other administrative rules or instruments regulating the public service; (Replaced 76 of 1999 s. 3)
"member" (成员) means a person holding any rank in the Fire Services Department set out in the Sixth Schedule; (Replaced 29 of 1975 s. 2)
"member of other ranks" (员佐级成员) means a member holding a rank set out in Part III of the Sixth Schedule; (Added 29 of 1975 s. 2)
"occupier" (占用人) means in the case of domestic buildings a person resident therein and in the case of other buildings means a person carrying on an occupation full-time in such building; (Added 29 of 1975 s. 2)
"owner" (拥有人)-(a) in respect of any premises, has the meaning assigned to it by section 2 of the Buildings Ordinance (Cap 123); and
(b) in respect of any fire service installation or equipment, includes the occupier or the owner of the premises in or on which the fire service installation or equipment is installed or kept; (Replaced 45 of 1971 s. 3) "premises" (处所) includes any place, but excludes any vessel; (Added 1 of 1964 s. 3. Amended 55 of 1981 s. 2)
"Public Service (Administration) Order" (《公务人员(管理)命令》) means-(a) the Public Service (Administration) Order 1997 (Executive Order No. 1 of 1997);
(b) the Public Service (Disciplinary) Regulation made under section 21 of that Order (and together with that Order published as S.S. No. 5 to Gazette No. 2/1997); and
(c) any other regulation made or any direction given under that Order,as amended from time to time; (Added 76 of 1999 s. 3)
"retirement benefits" (退休福利), in relation to a person, means-(a) the pension, gratuity or other allowance of that person as provided for under the Pensions Ordinance (Cap 89);
(b) the pension benefits of that person as provided for under the Pension Benefits Ordinance (Cap 99); or
(c) the part of that person’s beneficial interests in the civil service provident fund scheme that is attributable to sums derived from the voluntary contributions made by the Government, as employer, in respect of that person under section 11(4) of the Mandatory Provident Fund Schemes Ordinance (Cap 485), together with the income, profits or losses arising from any investment of those sums and of such income or profits; (Added 6 of 2009 s. 3)"senior officer" (高级人员) means a member holding a rank set out in Part I of the Sixth Schedule; (Replaced 29 of 1975 s. 2)
"subordinate officer" (部属人员) means a member holding a rank set out in Part II of the Sixth Schedule; (Replaced 29 of 1975 s. 2)
"tenant" (租客) includes sub-tenant; (Added 54 of 1986 s. 2)
"vessel" (船只) includes- (a) any ship (not being a ship of war or a ship having the status of a ship of war), junk, boat, dynamically supported craft, seaplane or any other description of vessel used in navigation; and (Amended 41 of 1992 s. 2)
(b) any other description of vessel not used in navigation or not constructed or adapted for use in navigation. (Added 55 of 1981 s. 2.)

Cap 95 s 2 Interpretation


In this Ordinance, unless the context otherwise requires-
"calamity" (灾难) means an occurrence by which life or property is endangered; (Added 1 of 1961 s. 2)
"civil service provident fund scheme" (公务员公积金计划) means the Civil Service Provident Fund Scheme referred to in the government regulations; (Added 6 of 2009 s. 3)
"Director" (处长) means the Director of Fire Services; (Replaced 42 of 1961 s. 2)
"fire hazard" (火警危险) means- (a)-(b) (Repealed 4 of 1985 s. 2)
(c) any removal from any building of any fire service installation or equipment which was provided in such building in accordance with plans certified by the Director for the purposes of section 16 of the Buildings Ordinance (Cap 123);
(d) the presence in any building of any fire service installation or equipment which from lack of proper maintenance or for any other reason is not in efficient working order; (Amended 56 of 1969 s. 2)
(e) inadequate means of egress from any premises in a building to street level outside the building or using such means of egress for a purpose which gives rise to any circumstance described in paragraph (f); (Added 56 of 1969 s. 2. Amended 29 of 1975 s. 2)
(f) any other matter or circumstance which materially increases the likelihood of fire or other calamity or the danger to life or property that would result from the outbreak of fire or the occurrence of any other calamity, or which would materially hamper the Fire Services Department in the discharge of its duties in the event of fire or other calamity; (Added 1 of 1964 s. 3)"fire service installation or equipment" (消防装置或设备) means any installation or equipment manufactured, used or designed to be used for the purposes of- (a) extinguishing, attacking, preventing or limiting a fire;
(b) giving warning of a fire;
(c) providing access to any premises or place for the purpose of extinguishing, attacking, preventing or limiting a fire; (Added 45 of 1971 s. 3)
(d) facilitating the evacuation from any premises in case of fire; (Added 7 of 2003 s. 3)
(e) providing a stand-by power supply to an installation or equipment the purposes of which are mentioned in paragraphs (a) to (d) in the event of the loss of normal power supply; (Added 7 of 2003 s. 3)"government regulations" (政府规例) means the administrative rules known as the Government Regulations and any other administrative rules or instruments regulating the public service; (Replaced 76 of 1999 s. 3)
"member" (成员) means a person holding any rank in the Fire Services Department set out in the Sixth Schedule; (Replaced 29 of 1975 s. 2)
"member of other ranks" (员佐级成员) means a member holding a rank set out in Part III of the Sixth Schedule; (Added 29 of 1975 s. 2)
"occupier" (占用人) means in the case of domestic buildings a person resident therein and in the case of other buildings means a person carrying on an occupation full-time in such building; (Added 29 of 1975 s. 2)
"owner" (拥有人)-(a) in respect of any premises, has the meaning assigned to it by section 2 of the Buildings Ordinance (Cap 123); and
(b) in respect of any fire service installation or equipment, includes the occupier or the owner of the premises in or on which the fire service installation or equipment is installed or kept; (Replaced 45 of 1971 s. 3) "premises" (处所) includes any place, but excludes any vessel; (Added 1 of 1964 s. 3. Amended 55 of 1981 s. 2)
"Public Service (Administration) Order" (《公务人员(管理)命令》) means-(a) the Public Service (Administration) Order 1997 (Executive Order No. 1 of 1997);
(b) the Public Service (Disciplinary) Regulation made under section 21 of that Order (and together with that Order published as S.S. No. 5 to Gazette No. 2/1997); and
(c) any other regulation made or any direction given under that Order,as amended from time to time; (Added 76 of 1999 s. 3)
"retirement benefits" (退休福利), in relation to a person, means-(a) the pension, gratuity or other allowance of that person as provided for under the Pensions Ordinance (Cap 89);
(b) the pension benefits of that person as provided for under the Pension Benefits Ordinance (Cap 99); or
(c) the part of that person’s beneficial interests in the civil service provident fund scheme that is attributable to sums derived from the voluntary contributions made by the Government, as employer, in respect of that person under section 11(4) of the Mandatory Provident Fund Schemes Ordinance (Cap 485), together with the income, profits or losses arising from any investment of those sums and of such income or profits; (Added 6 of 2009 s. 3)"senior officer" (高级人员) means a member holding a rank set out in Part I of the Sixth Schedule; (Replaced 29 of 1975 s. 2)
"subordinate officer" (部属人员) means a member holding a rank set out in Part II of the Sixth Schedule; (Replaced 29 of 1975 s. 2)
"tenant" (租客) includes sub-tenant; (Added 54 of 1986 s. 2)
"vessel" (船只) includes- (a) any ship (not being a ship of war or a ship having the status of a ship of war), junk, boat, dynamically supported craft, seaplane or any other description of vessel used in navigation; and (Amended 41 of 1992 s. 2)
(b) any other description of vessel not used in navigation or not constructed or adapted for use in navigation. (Added 55 of 1981 s. 2.)

Cap 95 s 2 Interpretation


In this Ordinance, unless the context otherwise requires-
"calamity" (灾难) means an occurrence by which life or property is endangered; (Added 1 of 1961 s. 2)
"civil service provident fund scheme" (公务员公积金计划) means the Civil Service Provident Fund Scheme referred to in the government regulations; (Added 6 of 2009 s. 3)
"Director" (处长) means the Director of Fire Services; (Replaced 42 of 1961 s. 2)
"fire hazard" (火警危险) means- (a)-(b) (Repealed 4 of 1985 s. 2)
(c) any removal from any building of any fire service installation or equipment which was provided in such building in accordance with plans certified by the Director for the purposes of section 16 of the Buildings Ordinance (Cap 123);
(d) the presence in any building of any fire service installation or equipment which from lack of proper maintenance or for any other reason is not in efficient working order; (Amended 56 of 1969 s. 2)
(e) inadequate means of egress from any premises in a building to street level outside the building or using such means of egress for a purpose which gives rise to any circumstance described in paragraph (f); (Added 56 of 1969 s. 2. Amended 29 of 1975 s. 2)
(f) any other matter or circumstance which materially increases the likelihood of fire or other calamity or the danger to life or property that would result from the outbreak of fire or the occurrence of any other calamity, or which would materially hamper the Fire Services Department in the discharge of its duties in the event of fire or other calamity; (Added 1 of 1964 s. 3)"fire service installation or equipment" (消防装置或设备) means any installation or equipment manufactured, used or designed to be used for the purposes of- (a) extinguishing, attacking, preventing or limiting a fire;
(b) giving warning of a fire;
(c) providing access to any premises or place for the purpose of extinguishing, attacking, preventing or limiting a fire; (Added 45 of 1971 s. 3)
(d) facilitating the evacuation from any premises in case of fire; (Added 7 of 2003 s. 3)
(e) providing a stand-by power supply to an installation or equipment the purposes of which are mentioned in paragraphs (a) to (d) in the event of the loss of normal power supply; (Added 7 of 2003 s. 3)"government regulations" (政府规例) means the administrative rules known as the Government Regulations and any other administrative rules or instruments regulating the public service; (Replaced 76 of 1999 s. 3)
"member" (成员) means a person holding any rank in the Fire Services Department set out in the Sixth Schedule; (Replaced 29 of 1975 s. 2)
"member of other ranks" (员佐级成员) means a member holding a rank set out in Part III of the Sixth Schedule; (Added 29 of 1975 s. 2)
"occupier" (占用人) means in the case of domestic buildings a person resident therein and in the case of other buildings means a person carrying on an occupation full-time in such building; (Added 29 of 1975 s. 2)
"owner" (拥有人)-(a) in respect of any premises, has the meaning assigned to it by section 2 of the Buildings Ordinance (Cap 123); and
(b) in respect of any fire service installation or equipment, includes the occupier or the owner of the premises in or on which the fire service installation or equipment is installed or kept; (Replaced 45 of 1971 s. 3) "premises" (处所) includes any place, but excludes any vessel; (Added 1 of 1964 s. 3. Amended 55 of 1981 s. 2)
"Public Service (Administration) Order" (《公务人员(管理)命令》) means-(a) the Public Service (Administration) Order 1997 (Executive Order No. 1 of 1997);
(b) the Public Service (Disciplinary) Regulation made under section 21 of that Order (and together with that Order published as S.S. No. 5 to Gazette No. 2/1997); and
(c) any other regulation made or any direction given under that Order,as amended from time to time; (Added 76 of 1999 s. 3)
"retirement benefits" (退休福利), in relation to a person, means-(a) the pension, gratuity or other allowance of that person as provided for under the Pensions Ordinance (Cap 89);
(b) the pension benefits of that person as provided for under the Pension Benefits Ordinance (Cap 99); or
(c) the part of that person’s beneficial interests in the civil service provident fund scheme that is attributable to sums derived from the voluntary contributions made by the Government, as employer, in respect of that person under section 11(4) of the Mandatory Provident Fund Schemes Ordinance (Cap 485), together with the income, profits or losses arising from any investment of those sums and of such income or profits; (Added 6 of 2009 s. 3)"senior officer" (高级人员) means a member holding a rank set out in Part I of the Sixth Schedule; (Replaced 29 of 1975 s. 2)
"subordinate officer" (部属人员) means a member holding a rank set out in Part II of the Sixth Schedule; (Replaced 29 of 1975 s. 2)
"tenant" (租客) includes sub-tenant; (Added 54 of 1986 s. 2)
"vessel" (船只) includes- (a) any ship (not being a ship of war or a ship having the status of a ship of war), junk, boat, dynamically supported craft, seaplane or any other description of vessel used in navigation; and (Amended 41 of 1992 s. 2)
(b) any other description of vessel not used in navigation or not constructed or adapted for use in navigation. (Added 55 of 1981 s. 2.)

Cap 95 s 2 Interpretation


In this Ordinance, unless the context otherwise requires-
"calamity" (灾难) means an occurrence by which life or property is endangered; (Added 1 of 1961 s. 2)
"civil service provident fund scheme" (公务员公积金计划) means the Civil Service Provident Fund Scheme referred to in the government regulations; (Added 6 of 2009 s. 3)
"Director" (处长) means the Director of Fire Services; (Replaced 42 of 1961 s. 2)
"fire hazard" (火警危险) means- (a)-(b) (Repealed 4 of 1985 s. 2)
(c) any removal from any building of any fire service installation or equipment which was provided in such building in accordance with plans certified by the Director for the purposes of section 16 of the Buildings Ordinance (Cap 123);
(d) the presence in any building of any fire service installation or equipment which from lack of proper maintenance or for any other reason is not in efficient working order; (Amended 56 of 1969 s. 2)
(e) inadequate means of egress from any premises in a building to street level outside the building or using such means of egress for a purpose which gives rise to any circumstance described in paragraph (f); (Added 56 of 1969 s. 2. Amended 29 of 1975 s. 2)
(f) any other matter or circumstance which materially increases the likelihood of fire or other calamity or the danger to life or property that would result from the outbreak of fire or the occurrence of any other calamity, or which would materially hamper the Fire Services Department in the discharge of its duties in the event of fire or other calamity; (Added 1 of 1964 s. 3)"fire service installation or equipment" (消防装置或设备) means any installation or equipment manufactured, used or designed to be used for the purposes of- (a) extinguishing, attacking, preventing or limiting a fire;
(b) giving warning of a fire;
(c) providing access to any premises or place for the purpose of extinguishing, attacking, preventing or limiting a fire; (Added 45 of 1971 s. 3)
(d) facilitating the evacuation from any premises in case of fire; (Added 7 of 2003 s. 3)
(e) providing a stand-by power supply to an installation or equipment the purposes of which are mentioned in paragraphs (a) to (d) in the event of the loss of normal power supply; (Added 7 of 2003 s. 3)"government regulations" (政府规例) means the administrative rules known as the Government Regulations and any other administrative rules or instruments regulating the public service; (Replaced 76 of 1999 s. 3)
"member" (成员) means a person holding any rank in the Fire Services Department set out in the Sixth Schedule; (Replaced 29 of 1975 s. 2)
"member of other ranks" (员佐级成员) means a member holding a rank set out in Part III of the Sixth Schedule; (Added 29 of 1975 s. 2)
"occupier" (占用人) means in the case of domestic buildings a person resident therein and in the case of other buildings means a person carrying on an occupation full-time in such building; (Added 29 of 1975 s. 2)
"owner" (拥有人)-(a) in respect of any premises, has the meaning assigned to it by section 2 of the Buildings Ordinance (Cap 123); and
(b) in respect of any fire service installation or equipment, includes the occupier or the owner of the premises in or on which the fire service installation or equipment is installed or kept; (Replaced 45 of 1971 s. 3) "premises" (处所) includes any place, but excludes any vessel; (Added 1 of 1964 s. 3. Amended 55 of 1981 s. 2)
"Public Service (Administration) Order" (《公务人员(管理)命令》) means-(a) the Public Service (Administration) Order 1997 (Executive Order No. 1 of 1997);
(b) the Public Service (Disciplinary) Regulation made under section 21 of that Order (and together with that Order published as S.S. No. 5 to Gazette No. 2/1997); and
(c) any other regulation made or any direction given under that Order,as amended from time to time; (Added 76 of 1999 s. 3)
"retirement benefits" (退休福利), in relation to a person, means-(a) the pension, gratuity or other allowance of that person as provided for under the Pensions Ordinance (Cap 89);
(b) the pension benefits of that person as provided for under the Pension Benefits Ordinance (Cap 99); or
(c) the part of that person’s beneficial interests in the civil service provident fund scheme that is attributable to sums derived from the voluntary contributions made by the Government, as employer, in respect of that person under section 11(4) of the Mandatory Provident Fund Schemes Ordinance (Cap 485), together with the income, profits or losses arising from any investment of those sums and of such income or profits; (Added 6 of 2009 s. 3)"senior officer" (高级人员) means a member holding a rank set out in Part I of the Sixth Schedule; (Replaced 29 of 1975 s. 2)
"subordinate officer" (部属人员) means a member holding a rank set out in Part II of the Sixth Schedule; (Replaced 29 of 1975 s. 2)
"tenant" (租客) includes sub-tenant; (Added 54 of 1986 s. 2)
"vessel" (船只) includes- (a) any ship (not being a ship of war or a ship having the status of a ship of war), junk, boat, dynamically supported craft, seaplane or any other description of vessel used in navigation; and (Amended 41 of 1992 s. 2)
(b) any other description of vessel not used in navigation or not constructed or adapted for use in navigation. (Added 55 of 1981 s. 2.)

Cap 95 Part II CONSTITUTION, DUTIES AND POWERS

Cap 95 s 3 Constitution

Remarks:

Adaptation amendments retroactively made - see 76 of 1999 s. 3

(1) The Fire Services Department shall consist of such senior officers, subordinate officers and members of other ranks as the Chief Executive may direct. (Amended 76 of 1999 s. 3)
(2) A person holding a post in the Fire Services Department specified in the Seventh Schedule shall be deemed to be a member of the Department for the purposes of sections 6(2), 22, 23, 27(1) and 28. (Amended 4 of 1986 s. 2)

(Replaced 29 of 1975 s. 3)

Cap 95 s 3 Constitution

Remarks:

Adaptation amendments retroactively made - see 76 of 1999 s. 3

(1) The Fire Services Department shall consist of such senior officers, subordinate officers and members of other ranks as the Chief Executive may direct. (Amended 76 of 1999 s. 3)
(2) A person holding a post in the Fire Services Department specified in the Seventh Schedule shall be deemed to be a member of the Department for the purposes of sections 6(2), 22, 23, 27(1) and 28. (Amended 4 of 1986 s. 2)

(Replaced 29 of 1975 s. 3)

Cap 95 s 4 Terms of service of members of the Fire Services Department

Remarks:

Adaptation amendments retroactively made - see 76 of 1999 s. 3

The Pensions Ordinance (Cap 89), the Pension Benefits Ordinance (Cap 99), the Public Service Commission Ordinance (Cap 93), Public Service (Administration) Order and government regulations for the time being in force, save in so far as is otherwise provided therein or in this Ordinance or in any regulations made under this Ordinance, shall apply to all members.

(Amended 15 of 1979 s. 8; 36 of 1987 s. 41; 76 of 1999 s. 3)

Cap 95 s 4 Terms of service of members of the Fire Services Department

Remarks:

Adaptation amendments retroactively made - see 76 of 1999 s. 3

The Pensions Ordinance (Cap 89), the Pension Benefits Ordinance (Cap 99), the Public Service Commission Ordinance (Cap 93), Public Service (Administration) Order and government regulations for the time being in force, save in so far as is otherwise provided therein or in this Ordinance or in any regulations made under this Ordinance, shall apply to all members.

(Amended 15 of 1979 s. 8; 36 of 1987 s. 41; 76 of 1999 s. 3)

Cap 95 s 5 Administration of Fire Services Department by Director

Remarks:

Adaptation amendments retroactively made - see 76 of 1999 s. 3

The Director, subject to the orders and control of the Chief Executive, shall be charged with the supreme direction and administration of the Fire Services Department.

(Amended 42 of 1961 s. 2; 76 of 1999 s. 3)

Cap 95 s 5 Administration of Fire Services Department by Director

Remarks:

Adaptation amendments retroactively made - see 76 of 1999 s. 3

The Director, subject to the orders and control of the Chief Executive, shall be charged with the supreme direction and administration of the Fire Services Department.

(Amended 42 of 1961 s. 2; 76 of 1999 s. 3)

Cap 95 s 6 Delegation of powers

Remarks:

Adaptation amendments retroactively made - see 76 of 1999 s. 3

(1) Save where the contrary intention appears from the context of any enactment and subject to any special instructions of the Director, a Deputy Director of Fire Services may exercise or discharge any of the powers or duties which the Director by any enactment is entitled to exercise or required to discharge.
(2) Save where the contrary intention appears from the context of any enactment and subject to any special instructions of the Chief Executive, the Director may authorize any member, not being below the rank of subordinate officer, by name, office or appointment, to exercise or discharge any of the powers or duties which the Director by any enactment is entitled to exercise or required to discharge. (Amended 29 of 1975 s. 4; 76 of 1999 s. 3)
(3) For the avoidance of doubt, nothing in this section shall be deemed to derogate from any power of delegation conferred upon the Director by the provisions of any other enactment.

(Replaced 42 of 1961 s. 4)

Cap 95 s 6 Delegation of powers

Remarks:

Adaptation amendments retroactively made - see 76 of 1999 s. 3

(1) Save where the contrary intention appears from the context of any enactment and subject to any special instructions of the Director, a Deputy Director of Fire Services may exercise or discharge any of the powers or duties which the Director by any enactment is entitled to exercise or required to discharge.
(2) Save where the contrary intention appears from the context of any enactment and subject to any special instructions of the Chief Executive, the Director may authorize any member, not being below the rank of subordinate officer, by name, office or appointment, to exercise or discharge any of the powers or duties which the Director by any enactment is entitled to exercise or required to discharge. (Amended 29 of 1975 s. 4; 76 of 1999 s. 3)
(3) For the avoidance of doubt, nothing in this section shall be deemed to derogate from any power of delegation conferred upon the Director by the provisions of any other enactment.

(Replaced 42 of 1961 s. 4)

Cap 95 s 7 Duties of Fire Services Department

Remarks:

Adaptation amendments retroactively made - see 76 of 1999 s. 3

The duties of the Fire Services Department shall be to-(a) extinguish fires; (Replaced 55 of 1981 s. 3)
(b) protect life and property in case of fire or other calamity; (Replaced 55 of 1981 s. 3)
(c) give advice on fire protection measures and fire hazards as occasion requires; (Replaced 55 of 1981 s. 3)
(d) assist any person who appears to need prompt or immediate medical attention by-(i) securing his safety;
(ii) resuscitating or sustaining his life;
(iii) reducing his suffering or distress;(e) convey-(i) any person referred to in paragraph (d) to a hospital or other place where medical attention is available to him; and
(ii) in co-operation with the proper authorities, any person to or from any hospital or clinic to or from any other place, and administer care and attention to any person so conveyed;(f) carry out such other duties as may be imposed on it by law or by any direction of the Chief Executive; and (Amended 76 of 1999 s. 3)
(g) do any thing which is necessary or desirable to carry out effectively any duty which is specified in this section or imposed under paragraph (f).

(Replaced 29 of 1975 s. 5)

Cap 95 s 7 Duties of Fire Services Department

Remarks:

Adaptation amendments retroactively made - see 76 of 1999 s. 3

The duties of the Fire Services Department shall be to-(a) extinguish fires; (Replaced 55 of 1981 s. 3)
(b) protect life and property in case of fire or other calamity; (Replaced 55 of 1981 s. 3)
(c) give advice on fire protection measures and fire hazards as occasion requires; (Replaced 55 of 1981 s. 3)
(d) assist any person who appears to need prompt or immediate medical attention by-(i) securing his safety;
(ii) resuscitating or sustaining his life;
(iii) reducing his suffering or distress;(e) convey-(i) any person referred to in paragraph (d) to a hospital or other place where medical attention is available to him; and
(ii) in co-operation with the proper authorities, any person to or from any hospital or clinic to or from any other place, and administer care and attention to any person so conveyed;(f) carry out such other duties as may be imposed on it by law or by any direction of the Chief Executive; and (Amended 76 of 1999 s. 3)
(g) do any thing which is necessary or desirable to carry out effectively any duty which is specified in this section or imposed under paragraph (f).

(Replaced 29 of 1975 s. 5)

Cap 95 s 8 General powers of entry

(1) Subject to this section, the Director or any person authorized by him in writing on producing, if so required, the writing showing his authority, shall have a right to enter any premises at all reasonable hours for the purpose of- (a) ascertaining whether there is, or has been, on or in connexion with the premises, any contravention of any of the provisions of this Ordinance;
(b) obtaining information required for fire-fighting purposes with respect to the character of the premises, the available water supplies and the means of access thereto, and other material circumstances;
(c) ascertaining whether or not there exists any fire hazard;
(d) the performance by the Director or by the Fire Services Department of his or its powers or duties under any enactment: Provided that the Director, or any person authorized by him in writing, shall not exercise the right of entry conferred by this subsection in respect of such premises as are not a place of public entertainment or public assembly, factory, workshop or workplace nor premises otherwise used for business purposes, unless 24 hours" notice in writing of the intended entry has been given to the occupier.
(2) If it is shown to the satisfaction of a magistrate on sworn information in writing- (a) that admission to any premises has been refused, or that refusal is apprehended, or that the premises are unoccupied or the occupier is temporarily absent, or that the case is one of urgency, or that an application for admission would defeat the object of the entry; and
(b) that there is reasonable ground for entry into the premises for any purpose specified in subsection (1); and
(c) the notice of the intention to apply for the warrant has been given to the occupier of the premises, or that the premises are unoccupied, or that the occupier is temporarily absent, or that the case is one of urgency, or that the giving of such notice would defeat the object of the entry, the magistrate may by warrant in the form of Form 1 in the Fifth Schedule authorize the Director, or any person authorized by the Director in writing in that behalf, to enter the premises, if need be by force. (Amended 29 of 1975 s. 6; 47 of 1997 s. 10)
(3) The Director or any person entering any premises by virtue of this section, or of a warrant issued hereunder, may take with him such persons as may be necessary, and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectually secured against trespassers as he found them to be at the time of entry.
(4) Every warrant granted under this section shall continue in force until the purpose for which the entry is necessary has been satisfied.
(5) If any person who, in compliance with this section or a warrant issued hereunder, enters a factory, workshop, workplace or premises used for business purposes discloses to any person any information obtained by him in the factory, workshop or workplace or premises used for business purposes with regard to any manufacturing process or trade secret, he shall, unless such disclosure was made in the performance of his duty, be guilty of an offence and shall be liable to a fine at level 4. (Amended 25 of 1982 s. 2; 7 of 2003 s. 13)

(Added 1 of 1964 s. 4)

Cap 95 s 8 General powers of entry

(1) Subject to this section, the Director or any person authorized by him in writing on producing, if so required, the writing showing his authority, shall have a right to enter any premises at all reasonable hours for the purpose of- (a) ascertaining whether there is, or has been, on or in connexion with the premises, any contravention of any of the provisions of this Ordinance;
(b) obtaining information required for fire-fighting purposes with respect to the character of the premises, the available water supplies and the means of access thereto, and other material circumstances;
(c) ascertaining whether or not there exists any fire hazard;
(d) the performance by the Director or by the Fire Services Department of his or its powers or duties under any enactment: Provided that the Director, or any person authorized by him in writing, shall not exercise the right of entry conferred by this subsection in respect of such premises as are not a place of public entertainment or public assembly, factory, workshop or workplace nor premises otherwise used for business purposes, unless 24 hours" notice in writing of the intended entry has been given to the occupier.
(2) If it is shown to the satisfaction of a magistrate on sworn information in writing- (a) that admission to any premises has been refused, or that refusal is apprehended, or that the premises are unoccupied or the occupier is temporarily absent, or that the case is one of urgency, or that an application for admission would defeat the object of the entry; and
(b) that there is reasonable ground for entry into the premises for any purpose specified in subsection (1); and
(c) the notice of the intention to apply for the warrant has been given to the occupier of the premises, or that the premises are unoccupied, or that the occupier is temporarily absent, or that the case is one of urgency, or that the giving of such notice would defeat the object of the entry, the magistrate may by warrant in the form of Form 1 in the Fifth Schedule authorize the Director, or any person authorized by the Director in writing in that behalf, to enter the premises, if need be by force. (Amended 29 of 1975 s. 6; 47 of 1997 s. 10)
(3) The Director or any person entering any premises by virtue of this section, or of a warrant issued hereunder, may take with him such persons as may be necessary, and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectually secured against trespassers as he found them to be at the time of entry.
(4) Every warrant granted under this section shall continue in force until the purpose for which the entry is necessary has been satisfied.
(5) If any person who, in compliance with this section or a warrant issued hereunder, enters a factory, workshop, workplace or premises used for business purposes discloses to any person any information obtained by him in the factory, workshop or workplace or premises used for business purposes with regard to any manufacturing process or trade secret, he shall, unless such disclosure was made in the performance of his duty, be guilty of an offence and shall be liable to a fine at level 4. (Amended 25 of 1982 s. 2; 7 of 2003 s. 13)

(Added 1 of 1964 s. 4)

Cap 95 s 8A General powers of fire investigation

(1) Within a reasonable period after a fire in or on any premises has been extinguished, the Director or any member authorized by the Director in writing on producing, if so required, the document showing the member"s authority, may enter the premises for the purpose of investigation into the cause of or other matters relating to the fire.
(2) Having entered the premises, the Director or member-(a) may stay in or on the premises for so long as it is reasonably necessary for the purpose referred to in subsection (1);
(b) may remove and take possession of any article or thing found in or on the premises that the Director or member has reasonable cause to believe is necessary for the purpose referred to in subsection (1);
(c) may deal with the article or thing referred to in paragraph (b) in such a way as appears to the Director or member to be reasonably necessary for examination or analysis;
(d) may retain the article or thing referred to in paragraph (b) for so long as it is reasonably necessary for examination or analysis;
(e) may take such photographs and make such video recordings as the Director or member has reasonable cause to believe is necessary for the purpose referred to in subsection (1);
(f) may require any person whom the Director or member has reasonable cause to believe is able to give any information relevant to the purpose referred to in subsection (1)-(i) to attend at a time and place specified by the Director or member;
(ii) to answer (in the absence of persons other than any person whom the Director or member may allow to be present and a person nominated to be present by the person on whom the requirement is imposed) such questions as the Director or member thinks fit to ask; and
(iii) to sign a declaration of the truth of the person"s answer;(g) may require the production of, and inspect and take copies of documents that the Director or member has reasonable cause to believe is necessary for the purpose referred to in subsection (1);
(h) may require any person to afford the Director or member such facilities and assistance with respect to any article or thing within that person"s control or in relation to which that person has responsibilities as the Director or member considers reasonably necessary to exercise any of the powers conferred by this subsection.(3) Nothing in this section shall be taken to compel a person to disclose any information or produce any document that the person would on grounds of legal professional privilege be entitled to refuse to disclose or produce.
(4) On leaving any unoccupied premises that the Director or member entered under this section, the Director or member shall leave them as effectually secured against trespassers as the Director or member found them to be at the time of entry.
(5) If the Director or member who-(a) obtains any information from the answer given or document obtained under subsection (2)(f) or (g), as the case may be; or
(b) in compliance with this section, enters a factory, workshop, workplace or premises used for business purposes,discloses to any person any information obtained by the Director or member under subsection (2)(f) or (g) or in the factory, workshop, workplace or premises with regard to any manufacturing process or trade secret, the Director or member shall, unless the disclosure is made in the performance of the Director"s or member"s duty, be guilty of an offence and shall be liable to a fine at level 4.
(6) This section shall not affect the power of the Commissioner of Police under the Fire Investigation Ordinance (Cap 12)

(Added 7 of 2003 s. 5)

  ……
  (此处省略若干字,欲需查看全文请成为法意会员或购买法意检索阅读卡

 
更新列表 | 会员章程 | 法律声明 | 友情链接 | 法意介绍 | 法意招聘 | 京ICP备10009268号 版权所有©北京大学实证法务研究所